In law, there is less judgment of third party property in marriage??

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

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

According to the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

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 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.

Article 10: The amount of compensation for moral damages is to be determined on the basis of the following factors:

1) The degree of the infringer's fault, except as otherwise provided by law;

2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;

3) the consequences of the infringement;

4) the infringer's profits;

5) the infringer's economic capacity to bear responsibility;

6) The average standard of living in the location of the court where the lawsuit is filed.

To sum up, you can claim damages from the husband and wife after the division of the joint property, and the court for the division of the joint property will also consider the innocent party in accordance with the Marriage Law and other relevant provisions.

A third party is not guilty of a marriage. It is not an offence for a third person not to be married and not to marry or cohabit with one of the spouses. Conversely, marrying or cohabiting with a spouse knowing that he or she has a spouse constitutes the offence of bigamy.

If it is just an ordinary third party and does not touch a serious situation, the so-called serious situation is that two people openly cohabit in the name of husband and wife, that is, a de facto marriage is formed, and China's law has abolished the protection of de facto marriage, that is, if you live with a married person, it does not constitute a crime at least, and living together in the name of husband and wife only constitutes a general moral condemnation, and at worst it constitutes the crime of bigamy, and if you live openly and cohabitably in the name of husband and wife, you will be punished by law and constitute the crime of bigamy. Our law only protects legal marriages, that is to say, only marriages with marriage certificates. Marriages that are protected by the law in danger are generally not considered illegal if they are light, but only morally condemned, and only illegal or even criminal if they are heavy.

Civil Code of the People's Republic of China

Article 1041.

Marriage and family are protected by the state.

Freedom of marriage, monogamy, and equality between men and women are practiced.

Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

1. If a third party commits the crime of bigamy, the court will impose a sentence of up to two years in prison or criminal detention. 2. If the third person is cohabiting or marrying a soldier on active duty, knowing that the other party is the spouse of a serviceman, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. 3. A third party who only has an extramarital affair will not be sentenced, but only morally condemned.

Article 32 of the Marriage Law of the People's Republic of China provides that if a man or a woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Article 46 of the Marriage Law of the People's Republic of China has any of the following circumstances, resulting in divorce, and the innocent Huaiqi filial piety 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.

1. If a third party commits the crime of bigamy, the court will impose a sentence of not more than two years in prison or criminal detention. 2. If a third party clearly knows that the other party is the spouse of a serviceman on active duty and cohabits or marries him, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. 3. A third party who only has an extramarital affair will not be sentenced, and will only be condemned by moral elevation.