How to Divide Divorce Property in Marriage

1、 Cheating in marriage Divorce property How to split

Derailment for Division of property Generally, there is no great impact, derailment divorce The way of property division in divorce is the same as that in other cases;

Both parties shall negotiate on how to divide Conjugal property If the negotiation fails, the court will make a judgment. In principle, the court will make a judgment by dividing the husband and wife equally.

But if the infidelity constitutes bigamy or other people cohabitation In case of fault, this will have a certain impact on the property division. If the lawsuit is brought to the court, the court will properly take care of the innocent party.

《 Civil Code 》Article 1087

At the time of divorce common property It shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

2、 How to Divide the Divorce Property of a Woman Who cheated in the Civil Code

The woman cheated, and the divorcee's common property was divided as follows:

(1) The joint property of husband and wife should be divided equally in general. In other words, the common property of husband and wife is divided equally in principle; According to the actual needs of production and life and the source of property, the specific treatment can also be different. Articles belonging to personal use generally belong to individuals.

(2) Husband and wife separation The common property managed and used separately by the two places shall be owned by the management and user respectively at the time of division; For the difference between the two parties, the party with more property shall compensate the other party with the property equivalent to the difference.

(3) Registered marry Those who have not lived together and are paid according to customs betrothal gifts Or if the premarital payment makes life difficult for the payer, he may request the other party to return the betrothal gifts at the time of divorce.

(4) If one party engages in business partnership with others with the joint property of husband and wife, the property entered into the partnership may be owned by one party, and the party who gets the property shall compensate the other party with half of the value of the property entered into the partnership.

(5) The farming and planting industries that are not profitable in the current year and that are jointly operated by the husband and wife should be reasonably divided or discounted in consideration of being conducive to the development of production and operation and management at the time of divorce.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

3、 How to divide the property in case of divorce due to one party's infidelity

If one party cheats and divorces, the property shall be divided according to the following standards:

1. At the time of divorce, if there is no special agreement on the division of personal property, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.

2. If the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other, they shall be dealt with in accordance with the agreement.

3. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

4. In the event of divorce, if one party has difficulties in life, the other party should give appropriate help from his or her personal property such as housing. The specific measures shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment.

5. At the time of divorce, one party conceals, transfers, sells, damages the couple's common property, or forges debt In case of attempting to encroach on the property of the other party and dividing the joint property of the husband and wife, the party who conceals, transfers, sells, damages the joint property of the husband and wife or forges debts may be given less or no share. After divorce, the other party discovers the above behavior. It can be filed with the people's court litigation , requesting to divide the joint property of husband and wife again.

6. If one party's infidelity can be regarded as bigamy or cohabitation with others, the innocent party may require the guilty party to pay Divorce damages 。

Article 1091 of the Civil Code

If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

（1） Bigamy;

（2） Cohabitation with others;

（3） Implementation Family Violence ；

（4） Abuse or abandon family members;

（5） There are other major faults.

Article 1088 of the Civil Code

If one spouse bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

In the above article, we have answered the question about how to divide the divorce property in the marriage. I believe you have a certain understanding of this. If this article has not fully answered your questions, you can click the "Ask Now" button below lawyer You can answer it online.