Description of the case
If you accidentally discover the secret of your partner's cheating, are you resolutely divorced without looking back? Or continue to live with your anger in your breath?
Half a year ago, Gong Xiaoying could never have imagined that she also needed to answer this question.
Gong Xiaoying and her husband Feng Ye have been married for two years, although they have lost their initial sweetness and romance, their lives are now dull and stable. Both of them have good incomes, and they have put their pregnancy plans on the agenda and plan to have children.
But at this juncture, Gong Xiaoying discovered the secret hidden in her husband's computer, which caused a major crisis in their marriage.
That night, Gong Xiaoying had an urgent matter to deal with at work, but there was something wrong with her own computer and she couldn't open it. And her husband's computer was on next to her, and in a hurry, she used her husband's computer to handle her work.
However, inadvertently, Gong Xiaoying accidentally clicked on a folder and was shocked by the contents inside. There are a lot of intimate ** between her husband Feng Ye and women she doesn't know in the folder, and after looking at it, there is more than one woman.
My husband cheated on me! Gong Xiaoying couldn't believe her eyes, how could this kind of thing happen to her? Gong Xiaoying thought about it for a long time in front of the computer, and after calming down, she copied these ** to her USB flash drive, and then dialed her husband's ** and directly proposed divorce.
* Of course Li Feng Ye disagreed, but Gong Xiaoying didn't say much, and that night, she packed her luggage and went back to her parents' house.
has lived in her mother's house for half a year, Feng Ye has been here a few times, but Gong Xiaoying has never even opened the door for him, in Gong Xiaoying's heart, she is divorced from this marriage.
In the end, Feng Ye called Gong Xiaoying, saying that divorce is okay, but if you want to divide the property, he only gives Gong Xiaoying 600,000 yuan in the house where the two live now.
Feng Ye said that this house was bought for him by his parents before he got married, and Gong Xiaoying's name was added because he was preparing for pregnancy. If you get divorced, you will give Gong Xiaoying a maximum of 600,000.
Gong Xiaoying was angry, it was obviously a divorce caused by her husband's cheating, why did she only give her 600,000 yuan in the house? So, Gong Xiaoying found a lawyer and wanted to know how to divide these properties in the event of a divorce?
Lawyer answers
First of all, because this house was bought to him by the man's parents before the marriage, it belongs to the man's personal property before marriage, but after the marriage, the woman's name is added to the property ownership certificate, and the house belongs to the husband and wife. If the husband and wife do not agree on the respective property rights ratio of the house and go to the court to file for divorce, the court will consider that the ** of the house was purchased by the man's parents before marriage, so when dividing, the man will divide more. As for whether to give the woman 600,000 yuan, the court will make a judgment based on the current market value of the house and the degree of fault at the time of divorce.
Secondly, the reason for the breakdown of the marital relationship between the two parties is that the man violated the duty of loyalty between husband and wife, had some improper interactions with many other members of the opposite sex, and also left **, etc. In this case, the woman can go to the court to sue for divorce and provide the corresponding evidence collected to the court. If the court considers that the evidence is sufficient to prove that the relationship between the parties has broken down, the court will generally grant a divorce to the parties. In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the court shall make a judgment according to the specific circumstances of the property and in accordance with the principle of taking care of the woman and the innocent party.
Finally, according to the relevant provisions of the Civil Code, "if one of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults. "In this case, the husband's cheating behavior has constituted a major fault, so the woman, as the innocent party, can claim damages from the husband when filing a divorce lawsuit.
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