[Direct answer]They won't be automatically required to leave the house empty-handed. There is no system of "leaving the house empty-handed" in Chinese law. In principle, the party who cheated can still divide the couple's joint property, but according to Article 1087 of the Civil Code (effective January 1, 2021), the court will make a judgment based on the principles of considering the interests of the children, the wife, and the innocent party. The party who cheated may be awarded a smaller share of the property. If the party who cheated commits major faults such as bigamy or cohabitation with others, the innocent party may request damages according to Article 1091; if the party who cheated hides or transfers property, the innocent party may be awarded a smaller share or no share of the property according to Article 1092. In similar cases handled by Henglue Law Firm, the innocent party once received 70% of the joint property. For more information on legal protection, please refer to the following link:Divorce litigation and legal services for family disputes.

I. Problem Background and Typical Scenarios

"Leaving with nothing" is one of the most widespread misconceptions in divorce discussions. In TV dramas, the plot where "the spouse who cheated leaves with nothing" has led many litigants to harbor unrealistic expectations when they visit law firms, and has also made the party at fault mistakenly believe that refusing to admit guilt will enable them to keep all their assets. The reality lies somewhere in between: the law does not support "kicking the cheating party out of the house", and the couple's jointly owned assets must still be divided; but cheating is not without consequences - the division ratio can be tilted in favor of the innocent party, and those who commit bigamy or cohabitate with others will also be liable for damages. The most common questions from litigants include: whether chat records alone count as evidence of cheating, how much more the innocent party can receive in the division of assets, whether a signed loyalty agreement can be directly enforced, and whether damages and additional asset shares can be claimed simultaneously.

II. Key points of contention

  • The gradation of the legal consequences of extramarital affairs: the legal consequences of having an affair outside of marriage, cohabiting with others, and bigamy increase in severity in succession. Only when the situation reaches the level of cohabitation or bigamy will the damages compensation stipulated in Article 1091 of the Civil Code be triggered. Generally, extramarital affairs are mainly reflected in the division ratio stipulated in Article 1087.
  • The legal boundaries of evidence: taking photos of public places by oneself and saving chat records voluntarily provided by one's spouse are generally acceptable, but secretly taking photos in others' homes and illegally obtaining hotel check-in and location information may not be admitted because the evidence-gathering methods are illegal, and it may even lead to liability for infringement.
  • This is likely related to the design of the compensation request: if the court has already reflected the fault in the division, it may no longer support the claim for damages. Whether the two requests are claimed simultaneously and how the reasons are stated directly affect the ultimate benefits that can be obtained.

III. Professional analysis by Henglue Lawyers

Regarding the question of whether the party who cheated will be required to leave the marital home empty-handed, the following case handled by Henglu Law Firm provides a practical answer. Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has now reached adulthood) and one son (11 years old). During their marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua first filed for divorce, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been cheating and hired Attorney Xiong Binrong from Beijing Henglu Law Firm to file a second lawsuit, demanding the dissolution of the marriage, custody of the children, a 70% share of the jointly owned property, repayment of 524,782 yuan in debts, and 50,000 yuan in damages. Zhang *hua verbally agreed to the divorce but attached harsh conditions, accusing Wang *sheng of transferring assets, trespassing on her residence, fabricating debts, and being unfit to raise the children. Henglu Law Firm's legal arguments were progressive: using the first court's ruling against the divorce combined with evidence of the affair to prove that the marriage had indeed broken down; arguing that the children should live with Wang *sheng based on their growth environment and parenting capabilities; emphasizing the principle of protecting the innocent party and asserting that Zhang *hua had violated the marital duty of fidelity, which was the direct cause of the marriage's breakdown, so Wang *sheng should receive a 70% share of the jointly owned property; and meticulously sorting out the basis for shared debts and damages. The court ruled that: Zhang *hua had cheated during the marriage after her first divorce filing was rejected, confirming that the marriage had indeed broken down and granting the divorce; awarding custody of the children to Wang *sheng, with Zhang *hua paying 550 yuan per month in child support until the children reach adulthood; determining Zhang *hua's marital infidelity as a major fault; and supporting Wang *sheng's claim to 70% of the jointly owned property based on the principles of protecting the children, the wife, and the innocent party. The house, car, and truck would belong to Wang *sheng, with the weaving machine and warping machine divided 70:30, and the education fund and insurance remaining with the children. The 35,000 yuan loan from Wang *sheng's parents would be recognized as a joint debt, with Wang *sheng repaying the full amount and Zhang *hua bearing half of it (17,500 yuan). The court concluded that the cheating party would not be required to leave the marital home empty-handed, but the 70% versus 30% asset distribution ratio represented the legal compensation for the innocent party. For cases involving joint debts, reference can be made to this ruling.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1043 of the Civil Code stipulates that spouses should be faithful to each other, which is the value basis for the tilted division of property; Article 1087 stipulates that if the divorce agreement on jointly owned property fails to be reached, the court shall, based on the specific circumstances of the property, make a judgment in accordance with the principles of protecting the interests of the children, the wife, and the innocent party; Article 1091 lists the circumstances of bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, and other major faults, under which the innocent party has the right to request damages in the event of divorce; Article 1092 stipulates that in the case of hiding, transferring, selling, damaging, or squandering jointly owned property or forging debts, the court may decide to divide the property less or not to divide it at all, and the property discovered after divorce may be requested to be re-divided; Article 1088 on compensation for housework and Article 1090 on economic assistance are supplementary remedies for the party who has contributed more. At the practical advice level: After discovering infidelity, first fix the evidence - save the chat records together with the original carriers, export the transfer and consumption records, and keep the signed repentance letters or guarantee letters; in cases involving domestic violence, be sure to file the police report and injury records; when suing, design the claims according to the principle of "tilted division of property as the main basis and damages as the supplementary basis", to avoid the claims for damages lacking evidence weakening the negotiating position; at the same time, verify the changes in the other party's assets to prevent them from transferring assets while litigating. For case-specific solutions on evidence organization and claim design, please consult a professional lawyer.Divorce litigation and legal services for family disputesTeam.

5. Henglu Law Firm's Reminder

For the innocent party, here are three reminders: evidence is more useful than emotions, proportions are more practical than titles, and timing is more crucial than attitude. After obtaining evidence of infidelity, don't rush to confront and confront the other party—this may tip them off and lead to an accelerated transfer of assets. It's more prudent to first evaluate the pace of asset preservation and litigation. For the guilty party, it's also necessary to face reality: transferring assets and forging debts not only fail to protect assets, but also trigger the consequences of receiving a smaller share or no share under Article 1092. Escalating the conflict will only lead to greater losses. The aforementioned case, in which the innocent party received 70% of the jointly owned property and gained custody rights, was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) will handle the case on your behalf. If you are currently facing a similar situation, you can seek assistance throughBeijing Henglu Law FirmMake an appointment for an assessment on the official website.

Q1: If I catch my partner cheating, can I make him leave the house with nothing?

No. The current law does not have a "leaving with nothing" system, and the infidel spouse's right to property division is not completely revoked due to infidelity. The promise of "leaving with nothing" is not credible. However, infidelity does have real legal consequences: according to Article 1087 of the Civil Code, the court divides the joint property according to the principles of considering the interests of the children, the wife, and the innocent party. The infidel spouse may receive a smaller share. In practice, it's not uncommon for the innocent party to receive 60% to 70% of the judgment. If the infidel spouse commits bigamy or cohabits with others, they can also claim damages according to Article 1091. To increase the difference in the proportion, the key lies in evidence - chat records, transfer records, and letters of repentance form a complete chain of evidence, which is much more effective than simple suspicion and accusation.

Q2: What constitutes a "significant fault" that entitles one to claim damages?

According to Article 1091 of the Civil Code, the circumstances in which divorce damages may be claimed include: bigamy; cohabitation with others, which in practice refers to a spouse living with a person of the opposite sex outside of marriage in a continuous and stable manner without being in a marital relationship; domestic violence; abuse and abandonment of family members; and other major faults. Generally, extramarital affairs or one-time infidelity that do not reach the level of cohabitation are usually difficult to support a claim for compensation alone, but they can be used as circumstances for a favorable division of property. The compensation includes material and mental damages, and the amount is determined by the court based on the degree of fault, the consequences, and the local living standards. It should be noted that the claim for compensation should be raised together with the divorce litigation. If the timing is not well-chosen, it is advisable to consult and evaluate it first.

Q3: If a loyalty agreement is signed, does the party who cheated have to leave the house with nothing?

It may not necessarily be enforceable. In practice, courts generally do not directly rule that all property should be awarded to one party according to the terms of a loyalty agreement that stipulates "if there is an extramarital affair, the spouse will be required to leave the marital home empty-handed". Instead, they apply the statutory division principles set forth in Article 1087 of the Civil Code and, based on the fault reflected in the loyalty agreement, adjust the proportion of property distribution as appropriate. The reason for this is that such clauses involve restrictions on personal freedom and marital status, and treating them solely as property agreements is controversial. However, this does not mean that loyalty agreements are worthless: the self-admission of the time, object, and transfer of funds related to the extramarital affair during the signing process can be used as evidence. When drafting such agreements, emphasis should be placed on clear provisions regarding property ownership and reasonable setting of breach of contract liabilities.

Q4: What is the maximum amount of additional property that the innocent party can receive?

The law does not stipulate a fixed ratio. The court shall determine it at its discretion in accordance with the principle of fairness set forth in Article 1087. The factors to be considered include the degree and duration of the fault, the contributions and investments of both parties, the custody of the children, and the duration of the marriage. In similar cases handled by Henglue Law Firm, the court determined that the unfaithful party's infidelity during the marriage constituted a major fault, and supported the innocent party in obtaining 70% of the jointly owned property. The children were awarded to the innocent party, and the unfaithful party was ordered to pay 550 yuan per month in child support. In other cases, since the division of property had already reflected a bias in favor of the innocent party, the court did not support the claim for damages. The flexibility of the ratio precisely reflects the value of the evidence. In the same case, the presence or absence of evidence of fault, and the solidity of the evidence, can result in a difference of 10 to 20% in the outcome.

Q5: What should I do if I discover that my spouse cheated on me or transferred assets during our marriage after we got divorced?

There are two situations. For those who transfer property: According to Article 1092 Paragraph 2 of the Civil Code, if it is discovered after the divorce that the other party has hidden, transferred, sold, damaged, or squandered the joint property or forged debts, the party can file a lawsuit with the court to request a re-division of the property, and the transferring party may be allocated a smaller share or no share at all. It is important to fix the transaction records as evidence in a timely manner. For those who have been unfaithful: If they have not received preferential treatment in the division of property or claimed compensation, they can evaluate whether to claim it separately based on the evidence. However, damage compensation should generally be claimed in the divorce litigation, and the threshold for filing a lawsuit afterwards is relatively high. Both situations are subject to the statute of limitations. The earlier you take action from the date of discovery, the more proactive you will be. It is recommended to bring the judgment and the newly discovered evidence for a face-to-face evaluation as soon as possible.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm