There are two views on how to divide the common property in judicial practice when divorce between husband and wife is caused by the fault of one party. One is that when dividing the common property, the court directly judges the party with fault to divide less property, and the other is to divide the common property equally regardless of whether there is fault. The average division of common property shall not be affected if the divorce is caused by the rupture of the couple's feelings due to the fault of one of the spouses. According to the provisions of Article 46 of the Marriage Law, only bigamy, cohabitation with others, domestic violence, maltreatment and abandonment of family members are the fault behaviors of divorce recognized by law. This article only stipulates that if divorce is caused by the above behaviors, the innocent party has the right to claim damages. If divorce is caused by the fault of one of the husband and wife, there is no relevant legal basis for the fault party not to divide or less divide the property, so the first view is wrong. Only when one party conceals, transfers, sells off, damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property during divorce, when dividing the joint property of the husband and wife, the party concealing, transferring, selling off, damages the joint property of the husband and wife or forges debts can be given less or no share. Therefore, if one party is at fault and leads to divorce, it should distribute less property or "go out of the house clean".