[Direct answer]In the Beijing area, there will be an impact, but it's not an automatic "leaving with nothing". According to Article 1087 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), when divorcing, the couple's joint property shall be handled by agreement between the parties. If no agreement can be reached, the people's court shall make a judgment according to the specific circumstances of the property, in accordance with the principles of taking care of the children, the wife, and the party without fault; Article 1091 stipulates that if the divorce is caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the party without fault has the right to request compensation for damages; Article 1092 stipulates that if one party hides, transfers, sells, damages, or squanders the couple's joint property, or forges the couple's joint debts in an attempt to appropriate the other party's property, the court may give them a smaller share or no share when dividing the couple's joint property in the divorce. It should be noted that general extramarital affairs do not equal "leaving with nothing". They usually manifest as giving a moderate tilt to the party without fault and compensation for damages, rather than depriving them of all their property.

I. Problem Background and Typical Scenarios

"Can the other party be made to leave the house with nothing after having an affair?" is the most common expectation of the parties involved. Legally, there is no general rule that "having an affair means leaving the house with nothing". Unless the other party engages in acts such as hiding, transferring, or selling jointly owned property, or forging debts, the court usually gives preferential treatment to the non-at-fault party in terms of the division ratio and supports damages compensation when the statutory circumstances are met. In practice, the most common difficulty is evidence: whether chat records, transfer records, travel trajectories, consumption receipts, photos and videos can form a mutually corroborating chain directly determines the extent of the tilt and whether the damages compensation can be supported. Beijing area courts are relatively cautious in reviewing evidence of fault, and it is difficult to accept a party's statement alone.

II. Key points of contention

First, the types of faults and evidence. Bigamy and cohabitation with others are statutory major faults. Generally, extramarital affairs need to be proven through indirect evidence, and the more sufficient the evidence is, the more favorable it will be. Second, the extent of the tilted division. There is no fixed proportion in the law. The court will make a discretionary tilted division under the principle of "caring for the innocent party", which specifically depends on the degree of fault, the impact on the family, and the property structure. Third, the conditions for damage compensation. It must meet the circumstances of bigamy, cohabitation with others, domestic violence, abuse and abandonment, or other major faults. The amount will be determined by the court; if the division of property has already fully reflected the fault, there may be no need to support it again. Fourth, the consequences of transferring property. If a party hides, transfers, or sells joint property or falsifies debts, it can claim a smaller share or no share for that party.

III. Professional analysis by Henglue Lawyers

Take a foreign divorce and property division case handled by Henglue Law Firm as an example: Both parties were foreign nationals who had lived in Beijing for a long time. The man's infidelity led to the breakdown of the marriage. Although the two parties had reached an agreement on the ownership of the property, they were unable to register the divorce through the civil affairs department due to their nationality. Lawyer Xiong Binrong, based on the Civil Procedure Law and relevant provisions on foreign-related civil relations, confirmed that Chinese courts had jurisdiction over the case. She assisted in preparing identity certificates, marriage relationship certificates, and property ownership materials to ensure the successful filing of the case. She also conducted a comprehensive review of the real estate, deposits, financial products, and pension memberships owned by both parties, and proposed a division plan where the property owned by each party would belong to them individually. Finally, the court mediated to dissolve the marriage relationship and confirm the property arrangements. This case shows that both the fault and the property arrangements ultimately depend on specific evidence and enforceable solutions. In practice, we usually first fix the evidence of the fault, then claim a tilted division and damages based on the degree of the fault, while claiming a smaller share or no share for the acts of hiding or transferring property, and simultaneously applying for property preservation. When it comes to identifying domestic and overseas property, accounts, and insurance policies, it is often necessary to combine these factors with other evidence.Foreign-related and cross-border legal servicesAndCreditor's rights and debts, and enforcement casesThe idea will be implemented simultaneously. This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client and, based on his/her accurate understanding of the local adjudicative principles and practical rules, helps the client achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Articles 1087, 1091, and 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on divorce damages and property division in the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (No. 22 of 2020, effective January 1, 2021), it is recommended to proceed in four steps: First, fix evidence of fault, including chat records, transfer and consumption records, travel trajectories, photos and videos, and witness statements when necessary, ensuring the legality of the sources; Second, sort out the list of jointly owned property, including real estate, vehicles, deposits, equity, and insurance policies, to prevent omissions; Third, apply for property preservation in a timely manner and claim that the other party should receive a smaller share or no share at all in the event of suspected property transfer; Fourth, claim tilted division and damages in the litigation request to avoid omissions. Related litigations can be referenced from the above-mentioned provisions.Divorce litigation and family disputesThe practical path involves the separate evaluation of cross-border assets and the applicable law and enforcement path for such assets.

5. Henglu Law Firm's Reminder

The fault affects the division of assets, but the extent of its impact depends on the evidence and legal strategies. Three reminders: First, do not resort to illegal methods such as secretly installing GPS tracking devices or hacking into others' accounts to obtain evidence, otherwise the evidence may not be admitted and may even lead to legal risks; Second, do not transfer or dispose of jointly owned property under your name on a large scale before divorce, as the other party may claim a smaller share of the assets; Third, do not pin all your hopes on the "leaving with nothing", and the practical goal should be to strive for a feasible advantage in the division ratio and damages compensation.Beijing Henglu Law FirmIt is recommended to sort out the evidence and property before suing, and list the provable faults and claimable property separately.

VI. Frequently Asked Questions

Q1: Can one get a larger share of the marital property in a divorce caused by an extramarital affair?

This can be claimed, but it depends on the evidence and the degree of fault. When dividing joint property, the court makes a judgment based on the principles of protecting the rights and interests of children, the wife, and the innocent party. Major faults are more likely to receive substantial favorable treatment; however, if there is insufficient evidence of an extramarital affair, the degree of favorable treatment may be limited.

Q2: What evidence do I need to prepare?

Chatting records, call logs, transfer and consumption receipts, travel and accommodation itineraries, photos and videos, materials reflecting long-term relationships, and necessary witness testimonies. Note that the method of obtaining evidence must be legal and should not infringe on others' privacy or involve illegal means.

Q3: How much does it typically cost to handle cases like this?

The litigation fees are calculated based on the value of the property involved. For divorce cases, the fee ranges from 50 yuan to 300 yuan per case. For cases involving property division with a total value exceeding 200,000 yuan, the fees shall be paid in proportion to the total value. Applicants for preservation of evidence must provide guarantees. Attorney's fees are determined based on the value of the case or through negotiation at each stage, and the actual fees charged shall prevail.

Q4: How long does the entire process take?

Cases subject to simplified procedures are usually concluded within three months, and those subject to ordinary procedures take about six months. Cases involving property investigation, appraisal, or second-instance trials will take longer, and the time for applying for preservation and subsequent enforcement will be calculated separately.

Q5: What should I do first?

First, systematically fix the evidence of faults and sort out the list of joint property, evaluate whether the other party has signs of transferring property, apply for preservation immediately if necessary, and then determine the specific plan for demanding tilted division and compensation for damages based on the degree of fault.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.