If one party is negligent and the other party asks for a divorce, how will the property be divided?

If one party is at fault and the other party requests a divorce, the people's court should give full consideration to the request of the innocent party when hearing such a divorce case. Theoretically, depending on the degree of negligence of the negligent party, it is likely that not even a penny will be paid. But it depends on the circumstances and how the judge handling the case will deal with it.

Because judges have discretion.

Article 46 of the Marriage Law: In any of the following circumstances, where a divorce is caused, 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) Abuse or abandonment of family members.

Article 28: "Compensation for damages" as provided for in article 46 of the Marriage Law includes compensation for material damages and compensation for moral damages.

Where compensation for moral damages is involved, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

Article 29: The entity that bears the liability for damages provided for in article 46 of the Marriage Law is the spouse of the party who is not at fault among the parties to the divorce proceedings. In cases where a people's court decides not to grant a divorce, the parties' request for damages based on article 46 of the Marriage Law will not be supported. Where, during the existence of the marital relationship, the parties do not sue for divorce but separately file a claim for damages in accordance with the provisions of this article, the people's court will not accept it.

Article 30: When people's courts accept divorce cases, they shall inform the parties in writing of the rights and obligations of the parties as provided for in article 46 of the Marriage Law.

When applying Article 46 of the Marriage Law, the following different situations shall be distinguished:

1) Where the innocent party who meets the requirements of Article 46 of the Marriage Law files a claim for damages with the people's court as the plaintiff based on the provisions of this article, it must be filed at the same time as the divorce proceedings. (2) In a divorce litigation case in which the innocent party is the defendant in accordance with the provisions of Article 46 of the Marriage Law, if the defendant does not agree to the divorce and does not file a claim for damages based on the provisions of this article, a separate lawsuit may be filed within one year after the divorce.

3) In divorce litigation cases where the innocent party is the defendant, and the defendant does not submit a claim for damages based on article 46 of the Marriage Law at the time of the first instance, and submits it during the second instance, the people's court shall conduct mediation, and if mediation fails, inform the parties to file a separate lawsuit within one year of the divorce.

So what did you do wrong?

Legal Analysis: Only bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members are legally recognized as divorce faults, and this article only stipulates that if the divorce is caused by the above acts, the innocent party has the right to claim damages. If the divorce is caused by the fault of one of the spouses, there is no relevant legal basis for the party at fault not to divide or to divide the property, so the first view is wrong.

Only in the case of divorce, if one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share when the joint property of the husband and wife is divided.

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

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings 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 abuse;

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, and one party initiates divorce proceedings again, the divorce shall be granted.

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.

How to divide the property of the party at fault in the divorce depends on the situation, as follows:

1. First, when dividing the common property, the court directly rules that the party at fault divides the property, and 2. Second, the common property is divided equally regardless of whether there is fault or not.

3. In my opinion, if the relationship between the husband and wife breaks down due to the fault of one of the husband and wife, the equal division of the joint property will not be affected.

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

1. Re-order the empty silver wedding;

2. Cohabitation with others;

3. Committing domestic violence;

4. Abusing or abandoning members of the family banquet court;

5. There are other major faults.

The following property shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1. Wages, bonuses, and labor remuneration;

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.

To sum up, only bigamy, cohabitation with another person, domestic violence, abuse or abandonment of family members are considered divorce faults under the law, and this article only stipulates that if the divorce is caused by the above-mentioned acts, the innocent party has the right to claim damages. If the divorce is caused by the fault of one of the spouses, there is no relevant legal basis for the party at fault not to divide or to divide the property.

Legal basis]:

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to 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. Article 1091.

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) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Legal Analysis: Compensation can be claimed. How to divide the property of a divorce at the fault of one party is first negotiated by both parties, and if the negotiation fails, the court will make a judgment.

The court will decide on the division of property in accordance with the principle of taking care of the innocent party, and the innocent party can claim compensation. Fault refers to cases of bigamy, cohabitation of a spouse with another person, domestic violence, abuse and abandonment of a family member.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China: In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court is to 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. 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.