How to take legal procedures for a wife to cheat in marriage? Marriage after a change of heart is just intimacy, and infidelity is a moral issue. Pick up your life when you are sad. Then, it will always be your choice how to take legal procedures for your wife's marital infidelity.
How to take legal procedures for wife's marital infidelity 1 How to take legal procedures for wife's marital infidelity?
1. The derailed party gives Xiaosan real estate or immovable property, and the spouse can recover it!
Article 1062 of the Civil Code
The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, including:
(1) salary, bonus and labor remuneration;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(5) Others should own all the property.
Husband and wife have equal rights to dispose of the same property.
If the cheating party secretly buys real estate behind the spouse's back or gives a large amount of money to the third child without the consent of the original spouse, it infringes on the legitimate rights and interests of the original spouse. If the gift is invalid, the original spouse has the right to recover the property or immovable property. The ways of recovery include negotiation and litigation. The cases handled by colleague Li and the huge gift money can be recovered through litigation.
2. Spouses can demand compensation from cheaters.
Article 109 1 of the Civil Code
In case of divorce under any of the following circumstances, the innocent party has the right to claim compensation for losses:
(1) bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) Abuse and abandonment of family members;
(5) Other major failures.
If you can't prove that one cheating party has bigamy or cohabitation, but the other party has major fault behaviors such as cheating, adultery, prostitution and improper communication. , you can also claim compensation for losses. For this kind of dispute cases, the most important thing is to collect evidence, including the letter of guarantee or commitment issued by the derailed party, recording, alarm record or investigation record. Remember to file a lawsuit blindly until the evidence is perfect. Lawyer Li suggested: If you can't stand it, make big plans!
3. In case of divorce due to infidelity, the innocent party has the right to demand more division of the same property.
Civil code: article 1087, paragraph 1.
At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment on the wife and the innocent party according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children.
This rule is a bit vague. It just means that the court will make a judgment based on the principle of taking care of the rights and interests of children, wives and innocent parties. However, if the derailed party maliciously transfers the property or creates false debts, it is definitely a serious crime, because Article 1092 of the Civil Code stipulates that if one of the spouses conceals, transfers, sells, damages or washes the property of the husband and wife, the marital property will be divided by divorce.
4. If the cheater lives with others in the name of husband and wife for a long time, he can be investigated for criminal responsibility for bigamy.
Article 258 of the Criminal Law stipulates that anyone who has a spouse, commits bigamy, or knowingly marries a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
The crime of bigamy objectively shows that the actor must have bigamy. In other words, a person who has a spouse marries another person or marries another person knowing that he has a spouse, which constitutes bigamy. The so-called marriage with others includes those who cheat legal registration and those who live together in the name of husband and wife without marriage registration. Liars who commit the above acts can submit clues to the public security organs and apply for criminal filing with them according to law.
How to go through legal procedures when a wife is unfaithful within marriage? How to deal with the laws and regulations of wife's infidelity?
Divorce refers to the legal act that both husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation. According to the provisions of China's Civil Code, if the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Husband and wife's "emotional breakdown" is the legal condition for judging divorce. Dissolve the marriage. The latter refers to the dissolution of the relationship between husband and wife through legal procedures.
When handling divorce registration, both husband and wife can go to the marriage registration office for divorce registration through consultation. The contents of consensus should be reflected in the divorce agreement, including but not limited to the following contents: expression of divorce intention, ownership of custody, payment of maintenance, division of property, etc.
In divorce proceedings, the husband and wife can't reach an agreement through consultation, so they can only sue for divorce in court. The court will decide whether to grant divorce, and at the same time, it will decide the ownership of custody, the payment of maintenance, the division of property and other issues.
civil law
Article 109 1 If the divorce is damaged due to the consistency of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
The above contents are related answers. Under normal circumstances, if it is just an affair, it is not the fault of the marriage relationship at this time. After consultation, both parties can go through the divorce formalities or file a lawsuit in court for divorce, but the derailment does not meet the conditions of bigamy and cannot claim compensation. If you have other legal questions, you can consult the relevant lawyers of Hualu. com。