Can the husband claim compensation if he has a third party in the divorce, and how to divide the div

1. At the time of divorce, the joint property of the husband and wife shall be divided equally under the premise of fairness, and at the same time, the innocent party can demand compensation from the other party, that is, the husband;

2. The Marriage Law has the following provisions on compensation in the event of divorce:

Article 46] In any of the following circumstances, which leads to divorce, the party who is not at fault has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

look at the nature of the property; It is advisable to have a specific interview with the materials.

Due to the third party's divorce, the division of property is generally handled by agreement between the parties; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

[Legal basis].According to Article 1087 of the Civil Code, which came into force on January 1, 2021.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party who is not at fault.

Article 1091.

In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim damages

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

When a spouse divorces, one party cannot claim compensation from a third party. The third party is not liable for the divorce of the husband and wife, and the innocent party can only claim damages from the at-fault party, and can only claim compensation if the divorce is sued. And the divorce must have been the result of wrongdoing.

The only wrongful acts involving a third party are bigamy or cohabitation.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, if the divorce is caused, the innocent party has the right to request a judgment of damages:

a) bigamy; 2) cohabitation with another person;

3) Implement the filial piety of the family manuscript court;

4) Abuse or abandonment of family members;

5) There are other major faults.

"Third party" refers to extramarital relationships, which can grow over time and even cause instability caused by mistrust between husband and wife. However, because the third party is not the most important party in the marriage, the third party often asks for a divorce, because the third party and the spouse bear corresponding obligations in the marriage, such as family responsibilities, property responsibilities, etc. So does the man also have to pay for the "third party" when he divorces?

Answer: This needs to consider whether the wife can ask for a divorce after the divorce breaks down and the relationship between the husband and wife breaks down.

1. Article 32 of the Marriage Law stipulates that after divorce, the joint property of the original husband and wife shall be disposed of by agreement between the two parties;

If the agreement is not reached, the principle that the people take care of the rights and interests of the children and the woman shall make a judgment. Article 40 of the Marriage Act stipulates that husband and wife have a duty of mutual fidelity, and neither spouse may act against the will of the other, which shall be rectified.

2. Article 46 of the Marriage Law stipulates the legal sanctions for shielding spouses.

Where the shielding party conceals or destroys evidence or fabricates debts during the course of the trial of the case, and the circumstances are serious, and a crime is constituted, criminal responsibility is to be pursued in accordance with law. Concealment of a spouse is the act of deliberately concealing the other person's life together knowing that the other person has a spouse. The act of harboring is not an act of asylum in the sense of civil law, nor is it an act of legal sanction in the sense of civil law, but a crime of criminal responsibility.

China's criminal law provides for the crime of harboring; Article 303 of the Criminal Law of the People's Republic of China stipulates that a person who intentionally harbors a crime shall be sentenced to not more than three years but not more than three years but not more than seven years, and the third party may request a divorce and pay corresponding compensation to the party who is not at fault.

According to Article 33 of the Marriage Law, "After divorce, if any of the following circumstances causes damage to the divorce, the innocent party has the right to claim damages: (1) bigamy; (2) with others, provided that such contribution is voluntary, and the other party shall bear the consequences of damage caused not by the fault of one party.

It is permissible to demand a certain amount of compensation from the third party for the harm caused to the child and the huge financial responsibility caused by the third party, but only if the woman files for divorce and proves that she has committed bigamy with another person is a factual error. According to Article 24 of the Judicial Interpretation (II) of the Marriage Law, "bigamy refers to the fact that if a spouse and the other party request compensation from the third party, but the law does not explicitly treat it as a joint debt of the husband and wife, it cannot be recognized as a statutory debt, so it is okay for the compensation to be borne by a third party."

4. The law clearly stipulates that the right holder of compensation may be compensated by considering the degree of damage caused by the "third party" to the marital life and the infringement of the personal and property safety of both spouses. The amount of general compensation shall not exceed the amount of loss of alimony at the time of divorce. After the amount of compensation exceeds the amount of child support, that is, the amount of solatium for moral injury or maintenance for property loss will be appropriately increased as a reference factor before making a judgment.

In the event of a third party divorce between the husband and wife, the judge will consider giving the innocent party appropriate compensation.

Legal Analysis: No claims against third parties. According to the law, when the legal requirements for divorce are met, the innocent party has the right to claim damages from the at-fault party, which means that the injured party can only claim damages from the other party to the marriage, and cannot claim from a third party.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' willingness to divorce and their consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly investigate and initiate a divorce lawsuit in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year or more, and one party files another lawsuit for divorce and marriage, the divorce shall be granted.

When a couple divorces, one party cannot claim compensation from a third party. That is, the third party is not liable for the divorce of the husband and wife, and the innocent party can only claim damages from the at-fault party, and can only claim compensation when suing for divorce. Moreover, the divorce must have been caused by the wrong behavior.

The only wrongful acts involving a third party are bigamy or cohabitation.

[Legal basis].Article 100 of the Civil Code of the People's Republic of China refers to Article 91.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3. He Chang) committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.