Lawyer Liu of Limin Institute in Yichang City, Hubei Province gave a detailed answer:
1. Does the law stipulate that the derailed party must clean the house?
Going out clean is generally agreed by both parties at the time of marriage or divorce. The law does not stipulate that the cheating party should leave the house clean, but only stipulates that the innocent party will be properly taken care of when dividing the joint property of husband and wife. The law does stipulate that a wife can divide less or no property, but it is by no means because of infidelity. Article 47 of the Marriage Smoke Law stipulates that if one party conceals, transfers, sells or destroys the joint property of husband and wife, or forges debts in an attempt to seize the property of the other party, when dividing the joint property of husband and wife, the party who conceals, transfers, sells or destroys the joint property of husband and wife or forges debts may be given less points or no points.
Second, can it be achieved to let the derailed party go out clean?
Going out clean is generally agreed by both parties at the time of marriage or divorce. If one party cheats, he will give up all his property. If both parties follow this agreement, it will be easy, that is, unless the derailed party is willing to go out cleanly, it is basically difficult to let the other party go out cleanly.
1. Even if there is a situation that the wrong party does not divide the joint property of husband and wife according to Article 47 of the Marriage Law, in practice, the people's court rarely orders the wrong party to clean up the house, because in divorce cases, various factors are complicated, and the court has many factors to consider, so it is necessary to consider the fault and the source of property; We should also consider the necessary living materials and property of the future parties.
What's more, when we talk about dividing property, we only divide the joint property of husband and wife. If the derailed party has premarital property, it belongs to ta's personal property. How can I get ta to leave home cleanly?
Lawyer Liu added:
Third, can the injured party get compensation for cheating and divorce?
In the division of husband and wife's common property, there is no stipulation that the wrong party "gets less" or "does not divide", but the wrong party has the right to ask the wrong party for divorce damages. Did you get the evidence that the other party cheated, and you can get damages for divorce? Don't think too well. People who cheat have reached the level of bigamy and cohabitation with others, and have the right to claim damages without fault. Article 46 of the Marriage Smoke Law stipulates that if one of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (two) a spouse living with others; (3) committing domestic violence; (4) maltreating or abandoning family members. In other words, it is difficult to get compensation for cheating such as whoring, one-night stand, adultery and short-term extramarital affairs.
Why are people who hurt others always so fearless? But I didn't write this article to be sarcastic or complaining. After all, the law can't solve everything, and I don't want to be a cynical person. I just want every reader to understand that it is unwise and difficult to expect the other person to be punished financially after the change of feelings. The best way is to make all preparations in advance to avoid irretrievable afterwards.