How to divide property in a domestic violence divorce?

Domestic Violence Divorce Court will release the injured party on a case-by-case basis.

In the case of a divorce due to domestic violence, the court will take into account the factors of domestic violence when deciding on the division of property, and will take due care of the party who was abused when making the judgment. Because if the party who is abused needs it, loses his job or affects his normal work due to family morning strength, and is adversely affected in terms of property interests, he or she should be properly taken care of when dividing the property.

Article 1087 of the Civil Code stipulates that in the event of divorce, the joint property of Fumai shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment 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.

(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 cannot be decided by one party.

(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." "It means 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.

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 Marriage Law, fault refers to bigamy, cohabitation of a spouse with another person, domestic violence, abuse and abandonment of a family member. The so-called system of compensation for fault in divorce refers to the legal system in which the party at fault shall pay civil compensation to the innocent party in divorce proceedings when the husband and wife divorce due to the behavior of the party at fault.

1. After the occurrence of domestic violence, it is unforgivable because of the circumstances, the parties may agree to divorce through negotiationThe content and method of dividing the property may be negotiated by the two parties themselves, and the division of property between the two parties can be agreed upon by the two parties through voluntary consultation, and cannot be unilaterally decided by one party

2. If there is a dispute between the two parties on the division of propertyor if one party requests a divorce and the other party does not want to divorce, the party requesting the divorce may file a divorce lawsuit with the courtand file a lawsuit for the division of property

Litigation for the division of property brought for divorce on the grounds of domestic violenceGenerally, it is not an inevitable factor for the other party to divide or not divide the propertyHowever, if the applicant can provide evidence to prove that the domestic violence has caused personal injury and caused related economic losses, or has caused certain mental damage, he can apply to the court to divide the property jointly owned by the parties.

At the same time, after the divorce of the parties, if the husband and wife have children during the existence of the coupleAt the same time, if one of the spouses has obvious financial difficulties or other reasons for dividing more property, the court will, according to the specific circumstances and the favorable evidence provided by both parties, divide the property among the innocent party in the marriage and the party who bears the obligation to support them, and at the same time, the law shall treat men and women equally when making a decision, and there should be no discrimination against women.

6. At the same time, if one party causes serious damage due to domestic violence, the other party shall also bear the corresponding civil compensation, but the cause of compensation does not fall within the scope of the trial of divorce cases. SoCommunity property does not fall under the scope of civil compensation.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China: In any of the following circumstances, resulting in 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.

Civil Code of the People's Republic of China.

The other party may be required to share a small share of the joint property of the husband and wife and to claim damages for divorce.

Domestic violence causes injuries and divorce property is divided in this way: domestic violence is a fault under the law, in the case of divorce, if one party has domestic violence, the other party can sue for divorce, ask the other party for damages, if the situation is true, the court will generally support the claim for damages, and the other party will be tempted to divide the property.

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

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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: If we encounter a divorce due to domestic violence in our lives, the court will deal with the division of property when hearing the divorce case. Generally speaking, in cases of domestic violence admitted by the aggressor or recognized by the court, for the victim who needs to be ** due to domestic violence, has lost his job or affected his normal work, or has been adversely affected by the reckless interests of his or her property, Sun Zhi should give appropriate care when dividing the property, and the victim's sacrifice should be compensated and taken care of.

In the case of divorce, the property shall be divided in accordance with the principle of taking care of the innocent party.

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: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.

Summary. Hello, dear. We're happy to answer your <>

The division of property in a divorce judgment for domestic violence is that the party who committed domestic violence has a small share, because domestic violence is a fault behavior, and at the time of divorce, the innocent party can request damages from the party at fault, which will eventually lead to a small share of the property of the party who is at fault.

How to divide property in a domestic violence divorce?

The man's domestic violence, how to divide the house and car bought by the woman after marriage.

Hello, dear. We're happy to answer your <>

Because domestic violence is a faulty act, at the time of divorce, the innocent party can claim damages from the at-fault party, which will eventually lead to a small share of the property before the party who is called by the domestic violence.

Can the woman fight for all the rights to the house.

Did one of the parties buy the house and the car, or did they buy it together?

If the property is the property of the husband and wife, the agreement takes precedence; If the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the children, the woman, and the innocent party, i.e., the rights and interests of the party who suffered domestic violence;

The woman bought it, but it was bought after marriage, and it was in the woman's name.

If the agreement is not reached, the party who is the victim of domestic violence can be sentenced to more property.

Kiss that is the woman's sah.

All about the house and car? What if the man wants to fight for it?

If there is evidence of domestic violence, the man may ask the court to give the man less or no weight.