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Can the fault party of divorce not share property

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Can the fault party of divorce not share property


        

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  • 2024-06-17 14:00:47

    If one of the spouses conceals, transfers, sells off, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided through divorce, the party may be given less or no share. In case of bigamy, domestic violence and other situations, damages shall be paid. According to the provisions of relevant laws, if one of the following circumstances leads to divorce, the faultless party has the right to claim damages:

    (1) Bigamy;

    (2) Cohabitation with others;

    (3) Domestic violence;

    (4) Abuse or abandon family members;

    (5) There are other major faults.

    Legal basis

    Article 1091 [Divorce Damages] of the Civil Code of the People's Republic of China has the right to claim damages if one of the following circumstances leads to divorce:
    (1) Bigamy;
    (2) Cohabitation with others;
    (3) Domestic violence;
    (4) Abuse or abandon family members;
    (5) There are other major faults.

    Article 1092 of the Civil Code of the People's Republic of China [Legal Consequences of One Party's Infringement on the Common Property of Husband and Wife] If one of the spouses conceals, transfers, sells, destroys, or squanders the common property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when divorcing and dividing the common property of the husband and wife, the party may receive less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property.

    Xu***

    2024-06-17 14:00:47

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