After derailment and divorce, as for the division of property, if there is an agreement, the agreement shall prevail. If there is no agreement, the personal property shall be owned by individuals. The joint property shall be shared by the husband and wife, and both parties shall be equally divided.
If the derailer is legally at fault, the innocent party has the right to claim damages.
Marriage Law
Article 19 Agreement on marital property
The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties. If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.
Article 46 Damages
Under the following circumstances
1、 If divorce is caused, the innocent party has the right to claim damages:
(1) Bigamy;
(2) The person with spouse cohabits with another person;
(3) Domestic violence;
(4) Maltreating or abandoning family members.