Off the rails sue divorce belongings how to be broken up?

Off the rails below the case that prosecutes a divorce, ought to quote the other side is have fault square, the view does not divide belongings to divide property less perhaps. According to legal provision, a little fraction or the case that do not divide are only when the divorce, one party is concealed, move, sell off, damage husband and wife is collective belongings, or those who forge belongings of other one party of debt purpose embezzlement, break up husband and wife when common property, to concealing, move, sell off, damage husband and wife is collective belongings or the one party that forge debt, can be divided less or do not divide.

One, off the rails how to sue divorce belongings to break up?

Off the rails below the case that prosecutes a divorce, ought to quote the other side is have fault square, the view does not divide belongings to divide property less perhaps. According to legal provision, a little fraction or the case that do not divide are only when the divorce, one party is concealed, move, sell off, damage husband and wife is collective belongings, or those who forge belongings of other one party of debt purpose embezzlement, break up husband and wife when common property, to concealing, move, sell off, damage husband and wife is collective belongings or the one party that forge debt, can be divided less or do not divide. Fault is in jural regulation is:

1, bigamous, must be to satisfy fault to just achieve conjugal status with a third party, put in marital condition namely.

2, the person that have a mate and other live together, the opposite sex outside the person that have a mate and marriage, not with spouse name, continuously, live steadily jointly.

3, the family is violent, the judicatory according to top people court explains, it is to point to: Behavior person in order to beat up, bind, cruelly kill, limit person freedom forcibly other perhaps measure, the family with the behavior durative, regular; that the respect such as the body that gives its domestic member, spirit causes certain harm consequence is violent, form mistreat.

4, mistreat abandon family member. Must be the long-term behavior that mistreats abandon family member, be like, fall ill not to give treat, do not eat to the meal, do not take care of etc. Accordingly, resemble at ordinary times the action that everybody says, do not calculate fault behavior, can take care of fall victim to just want to inspect particular case and be decided commonly when divorce belongings is broken up.

2, the standard that off the rails divorce compensates for

After collecting proof spouse to have off the rails evidence, can divorce with mentioning to the court lawsuit, can ask square divorce compensates for fault, standard of compensation of the divorce outside marriage is below:

Compensation of extramarital affair divorce includes two fields: Corporeal damages and mental damages.

(One) of corporeal damages include: The expenditure that because collect each other,has bigamous behavior evidence, sue cost, retaining fee to wait direct material a moment to damage.

(2) the standard that because our country is damaged to spirit,did not make clear, accordingly, the mental damages that because extramarital affair divorces,suffers also does not have specific standard. In be operated actually, as a result of extramarital affair probability elevatory, extramarital affair divorce is compensated for or a lot of people want to understand.

Jural below the condition that if one party has fault,set clearly, other one party is OK masterstroke does not divide belongings to divide property less perhaps to its. In judicatory practice, often need not to have fault to just have fault actively to judiciary quote square, if do not have fault to just fall without the circumstance of quote, the judiciary still is according to fairness equal principle undertakes allocation commonly, can sentence otherwise punish fault just divides belongings less to perhaps do not divide property.