What are the rules for the division of property in divorce for domestic violence

If the husband and wife divorce due to domestic violence committed by one party, the property shall be divided in accordance with the general rules of the Marriage Law, that is, according to Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by agreement of both parties at the time of divorce; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. However, because the party who committed the domestic violence is at fault, the party who is not at fault may demand that the party who committed the domestic violence bear the liability for damages on the basis of a share of the joint property.

Legal basis] Article 46 of the Marriage Law stipulates that in any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.

The principle of property division in domestic violence divorce refers to the principle of taking care of the rights and interests of children, the woman and the innocent party. According to the provisions of Chinese law, fault refers to bigamy, cohabitation of a spouse with another person, domestic violence, and abuse and abandonment of family members. Therefore, in the case of divorce due to domestic violence, the innocent party can share more property.

Where domestic violence leads to divorce, compensation for divorce damages may be claimed when the property is divided. When the husband and wife divorce, the joint property of the husband and wife shall be divided, and the division of the property may be agreed upon by the parties concerned. If the agreement is not reached, the court may be requested to make a judgment.

However, if the divorce is caused by domestic violence, the party who is not at fault may claim damages from the other party. A claim for damages is not the same as a division of property. If the parties have reached an agreement on the division of the property, the innocent party may also claim damages.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances leads to divorce, 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.

1) The two sides shall decide through consultation. According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and the decision of one party shall not be left to one party. Speaking of negotiation, I might as well say that if the domestic violence is serious enough to be sentenced, it is also legal for female friends to take a closer look and ask him to make financial compensation or even leave the house on the grounds of not prosecuting the man.

2) Equality between men and women. In accordance with the principle of "equality between men and women" stipulated in Article 2, Paragraph 1 of the Marriage Law, women cannot be discriminated against, and women should not be considered to have less to gain less if they earn less, and their rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3) Take care of the rights and interests of children and women. In the event that the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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 and the woman.

4) The principle of compensation. According to Article 40 of the Marriage Law, "if one party has paid more obligations for 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 make compensation." The meaning of this provision is that when dividing the marital property in accordance with the law, the party who has paid more obligations may claim compensation from the other party, and the compensation shall be paid from the divided property, and if the divided property is insufficient to pay, it shall be made up from his or her personal property.

Please note here that if the circumstances of domestic violence are serious and personal property is insufficient to compensate, they can be required to leave the house to make up for the damage.

5) The principle of taking care of the innocent party. According to the provisions of China's Marriage Law and its judicial interpretations, when dividing property in a divorce, the property shall be divided with reference to the principle of taking care of the innocent party. According to the Law on Marital Disturbance, fault refers to bigamy, cohabitation of a spouse with another person, domestic violence, abuse and abandonment of family members.

Therefore, in the case of divorce due to domestic violence, the innocent party can share more property.

Because domestic violence causes the divorce of both parties, then the party who committed the domestic violence is the party at fault for causing the divorce, and the other party can file for divorce damages at the time of divorce. The joint property of domestic violence cannot be divided equally, and the party at fault may not share or share less.

Legal basis] Article 46 of the Marriage Law stipulates that if a divorce is caused by any of the following circumstances, the innocent party has the right to claim damages:

1) bigamy;

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

(3) Committing domestic violence;

(4) Abusing or abandoning family members.