Reply to My MIL is forcing us to pay for my FIL's nursing home because she wants to stay in their house, their only asset

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Reply to "My MIL is forcing us to pay for my FIL's nursing home because she wants to stay in their house, their only asset"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I don’t think it’s accurate to say she’s forcing you. Your husband wants to. [/quote]

The law in Germany is on the MIL‘s side. The government could go after the son if he earns more than €100k. How they enforce it overseas is another question.[/quote]

Is this OP?  This was from your original post:  " Legally, in Germany the spouse is responsible for the medical costs and nursing home costs of the other spouse. So the guardian can force her to sell the house."[/quote]

I posted this and I am not the OP. People who know German and can read legal language are clearly at an advantage over those who just speculate on DCUM. German law doesn’t require the MIL to sell her house. German law requires the AC to contribute toward the cost of AC makes more than €100k. A simple google search on legal articles revealed that. I didn’t know it before either but whatever „you“ think is fair and what the law of a country on another continent requires are two different things. [/quote]

You are wrong.  The German government is not "on MIL's" side.  [/quote]

Read this and then lecture me again. I am done with this and don’t want t o spend additional precious time on a legal matter that I don’t care about and that doesn’t affect me.

https://www.verbraucherzentrale.de/wissen/gesundheit-pflege/pflege-im-heim/elternunterhalt-kinder-zahlen-erst-ab-100000-euro-jahreseinkommen-28892[/quote]

From the OP:

" In recent months it turned out that [b]his[/b] retirement income is double the amount she claims. She herself has no retirement income, having been a housewife."
" My mother-in-law refuses to give up any part of [b]his [/b]salary, and tells us that we have to pay for it if that is what we want."[/quote]

You clearly didn’t read what I sent you. If the pension of FIL isn’t enough to cover the cost of the nursing home AND leave the MIL enough to live her life, the son is on the hook. The MIL will not be forced out of her house. It is unclear whether they would enforce this on the AC living abroad. Please read and don’t give legal advice for a country whose language you don’t even speak. You’re making a fool of yourself.[/quote]

In your response you have assumed:
1. That the FIL's pension is not enough to cover the cost of a nursing home and leave the MIL enough to live her life, though it is twice what OP once thought.
2.That I don't know the law or speak German.

The article does not describe the obligation, it describes the limits on the obligation off 100E.  In fact it says, "The legislature is of the opinion that the marriage or partnership establishes a special mutual obligation to take responsibility. Therefore, maintenance must continue to be paid even if the income is below the 100,000 euro limit. To this end, the spouses or partners must use assets in addition to income."[/quote]

You’re wrong again:

Nur ein Schonbetrag darf als Vermögensreserve behalten werden. Zum Schonvermögen gehört das Vermögen, das der eigenen Alterssicherung dient. Auch das noch selbst genutzte eigene Haus fällt unter Schonvermögen. Dies gilt aber nur, solange der Pflegebedürftige oder sein Ehepartner noch dort wohnt. Nur dann muss die Immobilie weder veräußert noch fremdvermietet werden.

Source: https://www.kanzleiroesch.de/sozialhilferegress-elternunterhalt/[/quote]

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