The husband is a legal person, how to divide the property of the divorced company

If it cannot be directly divided, the discount will be paid.

The division of company property is essentially the transfer of the company's equity, and one spouse can transfer part or all of the company's equity to the other party.

Division of the company's property in the event of divorce:

1. After the husband and wife reach an agreement, more than half of the shareholders of the company also agree to transfer the equity, and the transferee of the husband and wife's equity can become the shareholders of the company.

A limited liability company has a strong personal nature, so the transfer of the company's equity requires the consent of the other shareholders. After the husband and wife negotiate the equity transfer, the consent of more than half of the shareholders of the company is required to carry out the equity transfer, and the spouse who receives the equity can become a shareholder of the company.

2. After the husband and wife reach a consensus, more than half of the shareholders of the company do not agree to transfer the equity

If more than half of the shareholders of the company do not agree to the equity transfer after the husband and wife negotiate the equity transfer, it will be handled mainly according to the following two situations.

Shareholders are willing to buy at the same price.

If more than half of the shareholders do not agree to the transfer of equity, but are willing to purchase the equity at the same price, then the court can divide the equity at a discount when dividing the joint property of the husband and wife.

Shareholders are not willing to buy at the same level.

If more than half of the shareholders do not agree to the equity transfer, but are not willing to purchase the equity with the same **, then this situation will be deemed as the majority of the shareholders agree to the equity transfer, that is, the spouse who receives the equity can receive the equity and can become a shareholder of the company.

Principle of division of property in divorce:

1. If neither party is at fault, it shall be equally distributed in principle;

2. If one party is at fault, the other party may claim that the party at fault has less or no property;

3. If one party has paid a lot to the family and has difficulties in life, he or she can divide more property;

4. If one party loses the ability to take care of himself at the time of divorce, the other party must fulfill the obligation to support him.

If the company is registered in the name of the husband, the wife will be able to share the company's property after the divorce.

Because this company is the joint property of the husband and wife. Although it is registered in the name of one person, because it is marital property, the wife can get a share of the property after the divorce. Of course, when dividing property, it cannot be divided like ordinary marital joint property division, and the division must be handled in accordance with the corresponding laws and regulations in the Company Law.

Compared with ordinary property division, it is correspondingly more complicated.

Register the company in the name of your husband

When the husband and wife get married, they are running for a lifetime and a couple, Prime Minister Bai got married with the wish of this life, many couples get married, work together, work hard, work hard to work, the career is getting better and better, and set up their own company, in the early days of the establishment of the company, the general company is registered in the name of the husband or wife. After going through a difficult entrepreneurial period, the career is steadily rising, but often the relationship between the husband and wife is getting farther and farther away, getting weaker and weaker, and finally embarking on the road of divorce. <>

Can a wife get a share of the company's property after a divorce?

The career is successful, but the family is broken. All the property is in the company registered in the name of the husband, so can the wife get the company's property after the divorce? After the divorce, the company registered in the name of the husband can be said to be able to share the company's property.

Because the law of our country stipulates that if a company is registered in the name of the man, the property of the company is the joint property of the husband and wife. After the divorce, the wife can divide the company's property. As long as it is the joint property of the husband and wife, the company can be divided into the company property regardless of whose name it is registered in.

The division of the company's property is subject to the provisions of the Company Law

The division method for dividing the property of a company and ordinary property is different. Correspondingly, the division of the company's property is more troublesome, and the division must be handled in accordance with the relevant laws and regulations of the Company Law. As for how to divide the matter, the Supreme People's Court has also made provisions and interpretations on a series of issues. <>

If you don't have any shares, you won't be able to get a share of the company's property after the divorce, but you can if you have some shares.

If the company is registered in the name of the husband, the wife can branch the property after the divorce, because the company belongs to the joint property of the husband and wife.

Yes, even if it is registered in the name of the husband, it is the joint property of the husband and wife, and the wife can still take a part of it.

Yes, because this company is your marital property, according to the law, it is necessary to divide the property.

Legal analysis: If one of the spouses contributes capital and others operate the partnership enterprise with the joint property of the husband and wife, and the other spouse is not a partner of the enterprise, the partnership property can be assessed at the time of divorce to determine the share of the joint property of the husband and wife in the partnership property. The share of the joint property may belong to one of the spouses, and the compensation given by the other spouse may be divided into two parts, and both parties shall join the family with their respective shares.

When a people's court hears a case involving a divorced marriage, if the husband and wife reach an agreement through consultation to transfer all or part of their share of the property in the partnership to the other party, it shall be handled separately as follows: (1) if the other partners unanimously agree, the spouse shall obtain the status of a partner in accordance with the law, 2) if the other partners do not agree to the transfer, and exercise the right of priority under the same conditions, the property obtained from the transfer may be divided; 3) if the other partners do not agree to the transfer and do not exercise the right of first refusal, 4) If the other partners neither agree to the transfer nor exercise the right of first refusal, nor do they agree to the partner's withdrawal or return part of the property share, it shall be deemed that all the partners agree to the transfer, and the spouse shall obtain the status of a partner in accordance with law.

Legal basis: "Civil Code of the People's Republic of China" Article 1062 The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services, (2) income from production, operation, and investment, and (3) income from intellectual property rights, and (4) inherited or donated property, except as provided for in item 3 of Article 1063 of this Law, and 5) other property that shall be jointly owned.

Legal analysis: The company opened is a marital property, and as a marital property, it can be divided into half, of course, if the company is a post-marital debt relationship, then it is also necessary to bear half of the debt.

Legal basis: The Civil Code of the People's Republic of China.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared to have been disturbed and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.