How to judge domestic violence divorce property, how to judge domestic violence divorce property

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.

Legal analysis: The division of property in a domestic violence divorce is generally decided in accordance with the principle of taking care of the rights and interests of the innocent party. Where domestic violence leads to divorce, the innocent party has the right to claim compensation.

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.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

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 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, 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.

Legal analysis: Domestic violence is a fault act stipulated in the law, and if the other party is at fault, in the divorce, the other party can claim damages from the other party, and the amount of compensation will be determined according to the victim's damages. Or the parties may agree on the division of domestic violence property on their own.

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

In a domestic violence divorce, the parties may first negotiate and handle the division of property, and if the negotiation fails, the court shall divide it with reference to the principle of taking care of the innocent party. The law stipulates that during the existence of the marital relationship, if one party commits bigamy, cohabitation with another person, domestic violence, abuse of family members, etc., which leads to the divorce of both parties, the innocent party has the right to claim damages, and the innocent party may request more than one party in the division of property. The personal property of one party shall be owned by the individual, unless otherwise agreed by the parties.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which 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.

If the parties to the division of the property cannot reach a consensus through negotiation, the judge will favor the innocent party in dividing the property.

The division of property in a domestic violence divorce is generally decided in accordance with the principle of taking care of the rights and interests of the innocent party. Where domestic violence leads to divorce, the innocent party may be appropriately given an additional share of property, or the innocent party may be given the right to choose first. 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.

Article 1087:In the event of 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.