If there is no joint property of the husband and wife, whether the woman can get certain compensatio

Updated on society 2024-03-07
10 answers
  1. Anonymous users2024-02-06

    It is possible to request a certain amount of alimony. According to the new marriage law, the divorced parties should give each other a certain amount of alimony if they are at fault, and most of the property should be awarded to the other party.

  2. Anonymous users2024-02-05

    I don't know much about these pulls, I just thought, is this thing necessary? Divorce? I don't understand that the children are so old and divorced, do you think that the child is just an object? Do you think he doesn't understand?

    If there is any compensation problem, I think forget it, go back to the past, and treat your children together!

  3. Anonymous users2024-02-04

    Even if the husband and wife do not have joint property at the time of divorce, they can claim compensation or compensation in special circumstances. Specifically, it includes the following three situations: 1. The compensation system for damages of the innocent party.

    In the event of bigamy, cohabitation, domestic violence, abuse, abandonment of family members, etc., one of the spouses may claim damages in the event of divorce. 2. Housework compensation system. In many families, where one of the spouses quits his job and takes care of the elderly at home, and one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other party 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 give compensation.

    3. Financial hardship subsidy system. In the event of a divorce, if one party has difficulties in making ends meet, the other party who can afford it should provide appropriate assistance.

    [Legal basis].

    Article 1088 of the Civil Code: Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party 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 give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault 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.

    Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

  4. Anonymous users2024-02-03

    No. Husbands and wives do not have joint property, and divorce is generally not compensated. Article 46 of the Law on the Judgment of Marriage stipulates that if one of the following circumstances leads to divorce, the innocent party has the right to claim damages before the rebellion.

  5. Anonymous users2024-02-02

    It depends on the situation. Under normal circumstances, if there is no joint property at the time of divorce, the wife will not be able to divide the property. Because the division of property in divorce is the division of joint property.

    In the case of divorce due to the fault of the collapsed man, the woman has the right to claim damages, which can be compensated. If the husband and wife do not have joint property, there is no property to divide at the time of divorce, and if the divorce is caused by the fault of the man, the woman may request compensation for divorce damages, and the man's personal property shall compensate. When the two parties have emotional problems to go through the divorce procedures, they also need to divide the joint property, if the two parties reach an agreement on the division of the common property, they can handle it by way of divorce by agreement, otherwise they will also need to resolve the dispute through legal means such as litigation.

    [Legal basis].Article 1091 of the Civil Code of the People's Republic of China [Compensation for Divorce] In the following circumstances, where a group is in disorder, resulting in divorce, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.

  6. Anonymous users2024-02-01

    The husband and wife divorce without joint property and no house, in this case the woman can not get a certain amount of compensation, everyone is a victim of marriage, since it is not possible to go to the end, you should say goodbye.

    1. Equal status leads two people to be equal in marriage, no one is superior, and everyone's dedication to marriage is also an equal relationship. Since there is no joint property and no house at the time of divorce, such a divorce is very easy to handle, and no interest is the simplest divorce. If there is no joint property between the two persons, the woman will not be compensated, and the woman has no right of superiority in marriage.

    Second, there is no compensation argument that choosing marriage is the result of two people, everyone is an adult who should pay for their own behavior, and if they can accept marriage, they should bear the blow of divorce. Although divorce has a great impact on women, many people have certain opinions about divorced women, but divorced men will not be so good that they will be questioned. In the marriage, he did not receive any unequal treatment, and he was not harmed, but he was purely divorced, and the other party did not have any reason to compensate himself, which is too funny.

    3. Correctly face the divorce Since you have chosen to divorce, then divorce is the biggest thing for yourself, when the divorce is satisfied, then don't bother to go to Huai Li Ye to think of some inappropriate compensation. The other party is not sorry for himself in the marriage, the same is facing divorce, it is an unfortunate experience, and the other party cannot be made to pay for this marriage.

    Divorce without any property disputes is the best way to resolve it, and only two people need to go through the divorce process to complete it. The woman cannot ask the other party to compensate herself, the other party is not sorry for herself, there is no economic relationship between us, and there is no need to bear the responsibility that she should not bear, which is the woman's compulsive behavior.

  7. Anonymous users2024-01-31

    It is not possible to be compensated, because everyone is fair in marriage, so without these things, the woman will not be compensated.

  8. Anonymous users2024-01-30

    There should be no compensation, because there is no joint property, so it is better for two people to divide after divorce, and no one owes anyone.

  9. Anonymous users2024-01-29

    It should be that Hu will not get any compensation, because after the husband and wife divorced Nai Hall, they have neither common property nor house, so Chang Kongyin can only be separated in two, and there is nothing.

  10. Anonymous users2024-01-28

    Legal Analysis: 1. Will the divorced woman be compensated if the husband and wife have no joint property?

    1. According to the provisions of the relevant laws of our country, if the husband and wife have no joint property, there is no property to divide at the time of divorce, if the divorce is caused by the fault of the man, the woman may request compensation for divorce damages, and the man's personal property shall compensate.

    2. Legal provisions: Article 1062 of the Civil Code of the People's Republic of China.

    The following property acquired by the husband and wife during the existence of the early marriage relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife:

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated financial assets, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

    2. What should be paid attention to when claiming damages for divorce.

    1. Pay attention to distinguishing the boundary between divorce damages and marital torts.

    Marital tort refers to the damage caused by the tort of the personal property and body of one spouse during the existence of the marital relationship, such as the destruction of one of the spouses' property before marriage, the abuse or physical injury of one of the spouses. Marital torts can occur at any time during the marriage, and an action for damages for marital torts can be brought at any time. Claims for damages in divorce can only be made at the time of the divorce proceedings and within one year thereafter.

    Divorce damages include property damages, personal injuries, and moral damages. In the case of divorce due to the breakdown of the marital tort relationship, if the victim files a claim for damages when filing a lawsuit, the court shall hear the case together, so that there is a competition between marital tort compensation and divorce damages.

    2. Pay attention to distinguishing the boundary between divorce damages and divorce property division.

    The division of property in a divorce is based on the principle of equality between husband and wife. In the process of division, the care of the innocent party is to take care of the innocent party in the division of the joint property of the husband and wife on the premise of equality. Divorce damages, on the other hand, are made with the property of the party at fault after the division of the joint property of the husband and wife.

    When the amount of divorce damages is higher than the joint property of the husband and wife, in order to protect the interests of the innocent party, the divorce damages should be paid first, and then divided.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

    The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

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