In March 2020, my cousin's divorce case went to trial for the first time, and our family participated in the trial.
In the eyes of others, this day's trial may be a little special, a pair of elderly people who have passed the age of flower armor sued for divorce in court. It is said that divorce of the elderly is not a rare thing, and there is nothing to blame. However, the cousin's lawsuit made it difficult for the judge, the cousin said that she and her husband had been married for 8 years, and now she did not want to live with him, she did not want a penny of her husband's property, she only wanted her husband to pay her 8 years of nanny fees.
<h1 class="pgc-h-decimal" data-index="01" data-track="3" > paralyzed "retired cadre" miraculously recovered and made marriage requests to keep nannies</h1>
When my cousin saw the job posting, I was there. It was 2010, my cousin had dinner at my house and was ready to go home, and my parents asked me to send my cousin. I accompanied my cousin to the bus stop, passing by the community next door to my house, a recruitment notice in the community bulletin board attracted the attention of my cousin, which read: A man, 72 years old, retired cadre, due to poor physical condition, urgently need a nanny to take care of life, monthly salary of 2,000 yuan.
At that time, her cousin's husband had just died, and her heart was empty when she was widowed. Her wife and children are gone, and she has no income, so she has lost her source of livelihood and can only rely on odd jobs and her cousin who works in Shanghai to send her some living expenses every month. The content of "retired cadres, monthly salary of 2,000 yuan" on the recruitment notice made her quite moved.
My cousin asked me, "People are retired cadres, the requirements for nannies must be very high, your aunt is so old, can the employer accept it?" ”
I said, "If you're really interested, you can call and ask." ”
The cousin dialed the phone left on the job posting, and it was a woman who answered the phone, saying that her father was old and needed to be taken care of, and that she and her sister were usually busy at work, so she wanted to ask someone to take care of her father. The woman also told her cousin that her father was very good, as long as she was willing to come, she would never treat her badly, and asked her cousin to come to the door to talk.
The next day, the cousin cleaned herself up and found her employer's home. The person who opened the door was a middle-aged woman who introduced herself as Gong Wanyi, and that she had answered the phone yesterday. Gong Wanyi led her cousin into the house and said to an old man lying on the bed, "Dad, this is the nanny I have asked you for." ”
The old man lying on the bed nodded to his cousin and motioned for her to sit in a chair beside the bed. My cousin was a little upset: the retired cadre shelf was big, at least he should get up and say hello to himself.
Seeing that her cousin was a little unhappy, Gong Wanyi, who was beside her, hurriedly explained that her father suffered from cerebral hemorrhage a year ago, and although he was rescued, he was paralyzed in bed. She and her sister had found several nannies for her father, and no one was willing to serve the paralyzed patient. Therefore, they hid the fact that their father was paralyzed, in order to call the nanny to the house for a good discussion.
The cousin thought that she could get a good job, but unexpectedly she had to take care of an old man who was paralyzed in bed, and she felt that she was a woman and a Taoist family, and it was inconvenient to take care of the patient, so she politely resigned. Gong Wanyi pleaded with her cousin: "Big sister, you can try it for a month." My sister and I are not here, you can live at home, as for the salary can be discussed, you have the right to help us. ”
After thinking about it, the cousin decided to take the job. The retired cadre' surname was Gong, and he said that others called him "Elder Gong", and his cousin also called him "Elder Gong". The cousin moved into Gong Lao's house and took care of his life. The cousin's old partner was also bedridden before his death, and he was handy to take care of such patients. Every day, she fed Gong Lao's boiling medicine, urinated and scrubbed her body, took good care of her body, and accompanied Gong Lao's nagging whenever she had time, and the smile on Gong Lao's face became more and more.
A month later, Elder Gong and his two daughters were very satisfied with their cousin and took the initiative to raise her salary to 2500 yuan. The cousin has adapted to the life of the Gong family and decided to stay and continue to take care of Elder Gong.
Half a year later, Elder Gong's numb legs actually became conscious. One day, my cousin was cooking in the kitchen, when she suddenly heard Elder Gong calling her in the bedroom, ran over, and was pleasantly surprised to find that Elder Gong was slowly moving on the head of the bed.
"Your dad will be gone." The cousin told the good news to Elder Gong's daughter, and both of Elder Gong's daughters were very happy. After that, the cousin took care of Elder Gong more carefully, and also followed the doctor's instructions to help him do some healing actions, and Elder Gong's body gradually improved.
Seeing that Gong Lao's body was gradually recovering, the cousin felt that it was inconvenient for a lonely man and a widow to live in the same room, and the neighbors also had gossip. The cousin who worked in the field was also not assured that she would live alone, and many times he wanted to pick her up, thinking about it repeatedly, and the cousin proposed his resignation to Elder Gong.
Two weeks later, Elder Gong told his cousin that he wanted to marry her, and her cousin was really shocked.
It turned out that after this period of common life, Elder Gong already had a dependence on his cousin, and when his cousin proposed to resign, Elder Gong was entangled, and he had a flash of inspiration in his head and flashed a bold idea. Elder Gong called his two daughters to the house, and taking advantage of the opportunity of his cousin to go out to buy vegetables, he announced to his daughter: I want to marry the nanny.
The two daughters were taken aback, and a hundred of them disagreed. Unexpectedly, Elder Gong ate the scales and iron heart, the daughters knew the temper of the old man, and he identified the things that went all the way to the black. Unable to resist the father, the two daughters had to agree to their father's decision.
But the cousin never wanted to marry Gong Lao, she felt that she was very different from her employer in terms of age, status, family environment, etc., and her marriage to him would attract gossip, and her wife had just died, she remarried so quickly, and her son would not agree.
<h1 class="pgc-h-decimal" data-index="02" data-track="99" > the passbook to reveal the true identity of the "retired cadre", and everywhere was wary of making the cousin run away in anger</h1>
In the face of Gong Lao's marriage proposal, the cousin was worried. Elder Gong patiently did her work, saying that you and I are so old, we don't want anything else together, just a person to talk to.
The cousin said that she wanted to ask for her son's opinion, and Elder Gong said that I would do the work on your son's side. He took the initiative to call his cousin, hoping that he would support his mother in remarrying. The cousin was generous and said that as long as his mother was happy, he would not object.
In December 2011, Elder Gong and his cousin went to the Civil Affairs Bureau to go through the marriage registration procedures. This year, Elder Gong was 73 years old, and his cousin had just turned 60. After getting married, the cousin changed from a nanny to a hostess, and Gong Lao's daughter no longer paid her the nanny fee, since it was a family, asking for money was only a matter of the left pocket and the right pocket, and the cousin did not raise the salary to Gong Lao.
Under the careful care of his cousin, Elder Gong's health improved day by day, but the contradiction between him and his cousin was gradually revealed. Before getting married, Elder Gong promised to hand over his salary to his cousin after marriage, but after the two got married, when his cousin mentioned the matter of salary, Elder Gong excused himself, which made his cousin feel very uncomfortable. My cousin felt that Gong Lao's salary was at best more than 5,000 yuan, all of which were family members, and it was too small to hide for this little money.
Just when the cousin was angry about her husband's rebellion, a passbook appeared- that night, Elder Gong went to the community alone to walk around the corner, and the cousin was at home alone to clean up the housework, and accidentally found an envelope containing a passbook.
The cousin carefully examined the amount of money deposited and withdrawn on the passbook, and her heart suddenly became half cold, and she saw a number repeatedly appearing in the deposit column: 1950 yuan. Isn't Elder Gong a retired cadre? How can it be paid so much?
Elder Gong came back from a walk and saw his cousin sitting on the sofa, and the passbook on the coffee table in front of her made Elder Gong suddenly faint.
It turned out that Elder Gong was not a retired cadre, he was just a retired employee of a bankrupt enterprise. When the job posting was first posted, the daughters consulted with him and said that if you were to write truthfully, a retired employee of a bankrupt enterprise, who would take care of you? Elder Gong thought it was right and agreed that his daughter would write him a "retired cadre."
During this time with my cousin, I was very useful. Until the two got married, Gong Lao was afraid that his cousin would leave him after knowing the truth, so he deliberately concealed his identity. When his cousin raised the matter of salary, he kept making excuses to shirk it, but the paper could not contain the fire, and the cousin finally knew. Elder Gong repeatedly apologized to his cousin and took the initiative to hand over the passbook to her for safekeeping.
However, a few months later, another thing happened, which made the cousin have the idea of leaving Elder Gong completely.
On that day, the cousin took Elder Gong's passbook to withdraw the money, but the bank staff told her that the passbook had been reported lost. The cousin was very confused, saying that the salary passbook had always been in her hands, how could it be reported as lost? The bank staff asked her, only the passbook can be reported as lost, are you the owner of this passbook?
The cousin was eager to find a crack in the ground to drill into, and she returned home angrily, threw the passbook in front of Elder Gong, and angrily asked him: "What is my identity in this family?" ”
Elder Gong looked helpless, and he explained that the two daughters had a big fight with him after learning about the fact that he had given her the passbook for safekeeping. They were worried that their cousin did not really live with him, in case she ran away with the money, he would be empty of money, and he was forced to be helpless, so he lost the passbook.
The more the cousin thought about it, the more angry she became, she felt that she did not get the respect she deserved, and their family still treated her as a nanny, what is the meaning of living such a life, and the idea of divorcing Elder Gong was born. So he ran away from home and stayed at our house temporarily.
It doesn't matter if the cousin goes this way, Elder Gong's life is all messed up. He was used to his cousin's care, and without his cousin's care, his health was not as good as before, and his temper became worse and worse. The daughters assured their father that they would never interfere in his affairs again.
<h1 class="pgc-h-decimal" data-index="03" data-track="193" > the property cannot be notarized to trigger a conflict between the two parties, and the cousin's request for a nanny fee from the husband is not recognized by the court</h1>
Elder Gong came to my house and begged my cousin to come home, saying that you should still take care of this home, and my salary would still be kept by you.
Seeing that he could not convince his cousin, Elder Gong used the "hands off", saying that although his salary was not high, he had a house under his name, "As long as you are willing to live with me, after i will be a hundred years later, this house will be yours." The cousin finally returned home with Elder Gong, and the two spent 5 years peacefully.
In December 2019, his cousin's family, who was working in Shanghai, returned, and the cousin said that the housing prices in Shanghai were too high and he was ready to come back to develop. The cousin was very happy and said, "Your Uncle Gong promised that after a hundred years, the house he lives in now will be mine, and you can also move in later." ”
The cousin asked the cousin, Uncle Gong said to give you the property, did he leave a note? My cousin said that what he promised with red mouth and white teeth, can he still regret it? My cousin said that such a big thing as real estate is sloppy, you still let Uncle Gong leave a note, and there will be proof in the future.
The cousin told Elder Gong about his cousin's concerns, and Elder Gong patted his chest and said, of course, the house is his final say, you have to be at ease, we can do a notarization tomorrow.
The two men came to the notary office, but the notary's words, the hood poured a basin of cold water on the cousin. The notary told them that the property belonged to Elder Gong and his ex-wife. After the death of the ex-wife, the share of the ex-wife should be jointly inherited by Elder Gong and the two daughters, and only if the two daughters give up the inheritance, Elder Gong has the right to dispose of this property.
The notarization was not completed, and the cousin returned with pity. Elder Gong comforted her, saying that he would persuade his two daughters to agree to give up the inheritance rights. However, no matter how Much Elder Gong persuaded, the two daughters just did not agree, made the family jump, and spread the "scandal" of the cousin's unscrupulous plot for real estate in the community.
Soon, the news of the nanny's competition for real estate spread in the community, and people talked about it, saying everything. When my cousin went outside, she always felt that someone was pointing at her behind her back. The more the cousin thought about it, the more aggrieved she became, thinking that she and the paid Elder Gong would live happily in her old age, but she was unexpectedly injured by Elder Gong and his daughters, and she felt that this family could only be more sad if she stayed any longer. After much thought, she decided to unload her dual identity as a wife and nanny.
With the support of her cousin, the cousin filed a complaint with the court and filed a divorce request. Divorce means dividing the family property, but Gong Lao's house belongs to pre-marital property, although his salary belongs to the joint property of the husband and wife, but this little money is not enough for the living expenses of two people in today's high prices, and from time to time you have to ask Gong Lao's daughter to make up for it. That is to say, the cousin and Gong Lao lived together for 8 years and did not have joint property of the husband and wife. Therefore, the cousin filed a lawsuit in the indictment to "ask the defendant for 8 years of nanny fees".
In March 2020, the court held a hearing, for the plaintiff's cousin's litigation claims, the judge held that the husband and wife can only be husband and wife relationship, not the relationship between employer and employee, after the plaintiff and the defendant married, although her efforts in this family are the same as when she was a nanny, but the change of status determines that the plaintiff is no longer a nanny, the economic interests of both parties should be negotiated, and if the negotiation fails, mediation should be carried out under the circumstances prescribed by law.
The judge sought the cousin's opinion on whether she was willing to negotiate mediation on the matter. The cousin said that if the other party is willing to pay her 100,000 yuan, as a reward she has paid for many years, she is willing to accept mediation. Elder Gong refused on the grounds that he could not come up with so much money.
The plaintiff and the defendant did not agree to a negotiated settlement. The court made a judgment at the court, according to article 42 of the Marriage Law of the People's Republic of China, "when one party has difficulties in life at the time of divorce, the other party shall give appropriate economic assistance from personal property such as housing, the specific methods shall be agreed upon by the two parties, and the agreement shall not be decided by the people's court", in view of the fact that the plaintiff (cousin) in this case has no economic income and has a relatively difficult life, the defendant (Elder Gong) has a set of premarital real estate and has a certain economic affordability. Therefore, the court ruled as follows: the plaintiff and the defendant were allowed to divorce, and the defendant paid the plaintiff a one-time financial help of 20,000 yuan.
The dust settled on the divorce, and the cousin left the home that she loved and hated with scars and exhaustion.