If one of the spouses is divorced due to domestic violence, when dividing the divorced property, the personal property and the marital property should be divided first. Husband and wife's personal property generally does not participate in the division of husband and wife's property. Under normal circumstances, only the property of both husband and wife will participate in the division of property.
According to the provisions of the Civil Code, marital property is handled by both parties through consultation. If the agreement fails, the people's court will make a judgment according to the specific circumstances of the property. The domestic violence party belongs to the wrong party, and the people's court will consider taking care of the rights and interests of the children, the woman and the innocent party.
Legal basis:
Article 1087 of the Civil Code of People's Republic of China (PRC)
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 based on the specific circumstances of the property and 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 husband and wife in the contracted management of family land are protected according to law.
Second, the confirmation and division of several special properties
1. The economic benefits arising from the trademark right, patent right, copyright, discovery right and invention right obtained by one party after marriage are the common property of husband and wife. At the time of divorce, if the right has not been transformed into economic benefits, it may not be handled. After the divorce, the intellectual property rights obtained by both parties still belong to both parties.
2. If one party contracts before marriage and continues to contract after marriage, its net income belongs to the joint property of husband and wife. At the time of divorce, the unprofitable part shall be appraised by mutual agreement or according to the local similar level, income loss and cost over the years, and the continuing contractor shall give the other party an appropriate income discount. When dividing the means of production, it should generally be distributed to the party with the conditions and ability to operate the contract, and the due share can be paid to the other party at a fixed price; If both parties have the conditions and ability to operate the contract, they should proceed from being conducive to production and operation.
3. The stocks and bonds purchased by one or both parties after marriage belong to the common property of husband and wife. At the time of divorce, unless agreed by both parties, it is generally appropriate to share equally, and all kinds of bonds should consider the fair and reasonable division of their income. If you buy stocks before marriage, the stock proceeds after marriage belong to the property of the buyers before marriage. If a married party uses pre-marital funds to buy stocks or invest in stocks, the income can be regarded as the joint property of husband and wife, and the risk responsibility is also borne by both parties.
4. The "lottery ticket" purchased by one party before marriage belongs to the pre-marital property of the ticket purchaser; During the marriage, one or both parties buy "lottery tickets", and the winners belong to the joint property of husband and wife. At the time of divorce, if the lottery has not been won, the lottery should be awarded. The winner after divorce belongs to the lottery holder.
5. The gas construction bonds and gas cookers purchased after marriage belong to the joint property of husband and wife. When divorced, it can be owned by gas users. For the right to use gas, considering the conditions for all parties to place and use liquefied gas in the future, pipeline gas should be awarded to the housing party, and liquefied gas should be used by family celebrities in principle. No matter whether the gas installation has paid the initial installation fee or not, the gas user can compensate the other party for half of the initial installation fee.
6. The telephone, gas water heater and air conditioner purchased and installed after marriage belong to the common property of husband and wife. When divorced, gas water heaters and air conditioners can generally be owned by the owner of the house; In principle, telephones are owned and used by well-known celebrities. The user should pay about half of the current purchase and installation fees to the other party.
7. During the marriage relationship, the property inherited by one or both parties is the joint property of husband and wife. If the estate is not inherited and divided at the time of divorce, the scope of the estate and the heirs are clear, and the heirs are willing to pay the appropriate property that should be inherited first to the other party. If both parties reach an agreement through consultation, they can be tried together; If the inheritance and heir are unclear or the agreement is not established, the inheritance shall be handled separately after division.
8. The ownership of the property insurance money obtained by husband and wife during the marriage shall be determined according to the ownership of the insured property, and family property insurance or specific property insurance shall be insured. If the property belongs to the husband and wife, the insured metal husband and wife have joint property; Insure specific property insurance, the property belongs to one party's pre-marital property or personal property, and the insurance scope is that party's personal property.
According to the principle that divorce property is divided to take care of the innocent party, if a husband and wife divorce because of domestic violence, it is a legal divorce fault. At this time, they can reduce the amount of people's property and demand continued compensation. Therefore, the innocent party of domestic violence divorce can get more property as long as it provides relevant evidence when dividing the property.