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How to divide the divorce property due to domestic violence

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How to divide the divorce property due to domestic violence


        

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  • 2024-06-24 06:00:50

    According to the provisions of China's Marriage Law and its judicial interpretation, when divorcing property, the property shall be divided according to the principle of caring for the innocent party. According to the Marriage Law, fault refers to bigamy, cohabitation with others, domestic violence, maltreatment and abandonment of family members. The so-called divorce fault compensation system refers to the legal system in which the fault party should pay civil compensation to the non fault party when the husband and wife divorce due to the behavior of the fault party in the divorce proceedings. Legal provisions on divorce compensation: The new Marriage Law and the Supreme People's Court's interpretation of several issues concerning the application of the Marriage Law (hereinafter referred to as the judicial interpretation) clearly stipulate the compensation for divorce fault damages. Article 46 of the Marriage Law stipulates that there are four situations in which compensation for damages can be claimed:
    1. Bigamy;
    2. The person with spouse cohabits with another person;
    3. Domestic violence;
    4. Maltreating or abandoning family members. The joint debt of husband and wife includes:
    1. The property borrowed by one party before marriage has been converted into the joint property of the husband and wife, and the debt incurred for the purchase of such property;
    2. The debts incurred by the husband and wife for the common life of the family;
    3. The debts incurred by the husband and wife in the joint production and business activities, or the debts incurred by one party in the production and business activities, and the business income is used for family life or shared by the spouse;
    4. Liabilities incurred by one or both of the husband and wife for medical treatment and for medical treatment of persons with legal obligations;
    5. Liabilities incurred for raising children;
    6. Liabilities incurred for supporting the elderly who have the obligation to support;
    7. Liabilities incurred for paying education and training expenses of one or both of the husband and wife;
    8. Debts incurred to pay the legitimate and necessary social interaction expenses.

    No***

    2024-06-24 06:00:50

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