The joint property of the husband and wife at the time of divorce shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the principle of taking care of the rights and interests of children and women according to the specific conditions of the property. If divorce is caused by infidelity and there is conclusive evidence to prove the infidelity, it belongs to the fault party. At this time, the distribution of property can be biased towards the non fault party. According to the statement that a party without fault can share more property and claim compensation for mental damage when distributing property in litigation due to one party's fault in divorce, the party without fault can claim more property and claim compensation for mental damage from the party with fault in derailment.
Article 46 of the Marriage Law
The faultless party who has one of the following circumstances leading to divorce has the right to claim damages:
(1) Bigamous
(2) Cohabiting with others
(3) Domestic violence
(4) Maltreating or abandoning family members.