Some data show that in recent years, the domestic divorce rate has been rising, and the proportion of marital change caused by infidelity has an increasing trend. So how to divide the property of divorce caused by infidelity within marriage? If the fault party consciously transfers the property, how to distribute the property during divorce?
In law, if one of the husband and wife divorced, the division of the common property should follow the following ways.
1. It was decided by both sides through consultation
According to the first paragraph of Article 39 of the marriage law, the common property of the husband and wife shall be handled by both parties through consultation. That is to say, the division of property by the husband and wife during divorce shall be carried out by both parties on the principle of consensus, not by one party.
2. Gender equality
According to the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the marriage law, women should not be discriminated against. Women should not be considered to share less if they earn less. When divorcing and dividing the common property of husband and wife, women's rights should be respected and protected.
3. Care for children and women's rights
If the negotiation fails according to the second paragraph of Article 39 of the marriage law, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the wife.
4. The principle of compensation
According to the provisions of Article 40 of the marriage law, if one party has more obligations in raising children, taking care of the elderly and assisting the other party in work, he has the right to ask for compensation from the other party at the time of divorce, and the other party shall make compensation. When dividing husband and wife's property according to law, the party who pays more obligations can ask for compensation from the other party. The compensation is paid from the divided property. If the divided property is insufficient to pay, it shall be made up from his personal property.
In other words, even the fault party can equally divide the husband and wife's property, but the no fault party can ask for fault compensation. In short, whether there is infidelity or not, divorce property is still the principle of equal division, but infidelity within marriage may be applied for compensation by the no fault party, which is supported by the court, and will be deducted from the allocated property. That is to say, it is common that the property allocated by the cheating party is less.
What if the cheating party consciously transfers property
According to the marriage law of our country, if one party conceals, transfers, sells or damages the couple's common property, or forges debts in order to occupy the other party's property at the time of divorce, the party who conceals, transfers, sells or damages the couple's common property or forges debts can be given less or no share in the final division of the couple's common property. The court will punish the transfer of property in accordance with the provisions of the civil procedure law.