Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:I don’t think it’s accurate to say she’s forcing you. Your husband wants to.
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.
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."
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.
You are wrong. The German government is not "on MIL's" side.
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
From the OP:
" In recent months it turned out that his 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 his salary, and tells us that we have to pay for it if that is what we want."
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.
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."
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/
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:I don’t think it’s accurate to say she’s forcing you. Your husband wants to.
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.
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."
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.
You are wrong. The German government is not "on MIL's" side.
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
From the OP:
" In recent months it turned out that his 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 his salary, and tells us that we have to pay for it if that is what we want."
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.
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."
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:I don’t think it’s accurate to say she’s forcing you. Your husband wants to.
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.
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."
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.
You are wrong. The German government is not "on MIL's" side.
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
From the OP:
" In recent months it turned out that his 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 his salary, and tells us that we have to pay for it if that is what we want."
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.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:I don’t think it’s accurate to say she’s forcing you. Your husband wants to.
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.
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."
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.
You are wrong. The German government is not "on MIL's" side.
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
From the OP:
" In recent months it turned out that his 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 his salary, and tells us that we have to pay for it if that is what we want."
Anonymous wrote:Anonymous wrote:Anonymous wrote:I don’t think it’s accurate to say she’s forcing you. Your husband wants to.
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.
Why would the German government go after the son instead of forcing the sale of the house to pay for the care? Or garnishing the father’s pension for payment?
Anonymous wrote:Anonymous wrote:OP here. I should add that it is incredibly selfish of her that she does not want to contribute his retirement income to his care, after he worked hard to support the entire family plus her mother for decades. All because she wants to continue an unsustainable living situation for herself.
I understand you are upset OP, but back up just a bit. You are talking about an 85 year old woman who understandably doesn’t want to go to a government run nursing home, and is apparently capable enough to not have the government decide she can’t live alone and force the issue. Her husband is ailing. She is old, and probably scared, as I think we all would be. And your husband wants to help care for her. The way you phrased the way she put her husband in a nursing home (temporarily, when she herself was incapacitated) was a little harsh. I just think you need, for the sake of your marriage, to look at her with a bit more compassion than you are. That doesn’t mean she is doing the right thing! But maybe just give her some benefit of the doubt in what is undeniably a very disorienting and emotional time in her life. It’s very common for older people to want to avoid a nursing home and stay at home, and she may be thinking that her husband would have wanted to push off the time for him to go into nursing home as well, even if she isn’t going about things the right way. Her mind might also not be as sharp given her age too.
Anonymous wrote:Anonymous wrote:OP here. I should add that it is incredibly selfish of her that she does not want to contribute his retirement income to his care, after he worked hard to support the entire family plus her mother for decades. All because she wants to continue an unsustainable living situation for herself.
I understand you are upset OP, but back up just a bit. You are talking about an 85 year old woman who understandably doesn’t want to go to a government run nursing home, and is apparently capable enough to not have the government decide she can’t live alone and force the issue. Her husband is ailing. She is old, and probably scared, as I think we all would be. And your husband wants to help care for her. The way you phrased the way she put her husband in a nursing home (temporarily, when she herself was incapacitated) was a little harsh. I just think you need, for the sake of your marriage, to look at her with a bit more compassion than you are. That doesn’t mean she is doing the right thing! But maybe just give her some benefit of the doubt in what is undeniably a very disorienting and emotional time in her life. It’s very common for older people to want to avoid a nursing home and stay at home, and she may be thinking that her husband would have wanted to push off the time for him to go into nursing home as well, even if she isn’t going about things the right way. Her mind might also not be as sharp given her age too.
Anonymous wrote:OP here. I should add that it is incredibly selfish of her that she does not want to contribute his retirement income to his care, after he worked hard to support the entire family plus her mother for decades. All because she wants to continue an unsustainable living situation for herself.