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How should the divorce property be distributed when the man cheats?

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How should the divorce property be distributed when the man cheats?


        

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  • 2024-06-20 22:00:58

    First, determine whether the other party's derailment belongs to the fault behavior of the non fault party according to the law. If not, then the property division is not very different from the ordinary divorce property division. If it is bigamy or cohabitation with others in fault liability, the court will consider the influence of the derailed party on the marriage when dividing the property, and divide the property fairly on the basis of taking care of the innocent party.
    Article 46 of the Marriage Law of the People's Republic of China
    1. Article 46 of the Marriage Law, if one of the following circumstances leads to divorce, 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. The innocent party has the right to claim damages.
    2. Article 18 of the Marriage Law After divorce, if one party files a lawsuit to the people's court for division on the ground that there is still joint property of the husband and wife that has not been disposed of, the people's court shall divide the property according to law if it is verified that the property belongs to the joint property of the husband and wife that was not involved at the time of divorce

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