How to divide the company s property after divorce to find the answer

According to the nature of the company, it is a partnership and a sole proprietorship enterprise established in the name of one party is handled separately.

Legal basis: Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Article 17: Where a people's court hears a divorce case involving the division of the joint property of the husband and wife in the name of one party in the partnership enterprise, and the other party is not a partner of the enterprise, when the husband and wife reach a consensus through consultation and transfer all or part of their share of the property in the partnership enterprise to the other party, it shall be handled in accordance with the following separate circumstances:

1) With the unanimous consent of the other partners, the spouse shall obtain the status of a partner in accordance with law;

2) If the other partners do not agree to the transfer and exercise the right of priority under the same conditions, they may divide the property obtained from the transfer;

3) If the other partners do not agree to the transfer or exercise the right of first refusal, but agree to the partner's withdrawal or return part of the share of the property, the returned property may be divided;

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 of part of the property, it shall be deemed that all partners agree to the transfer, and the spouse shall obtain the status of partner in accordance with law.

Article 18: Where a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, the people's court shall handle it in accordance with the following circumstances when dividing the joint property of the husband and wife in the sole proprietorship enterprise:

1) If one party claims to operate the enterprise, the party that acquires the enterprise shall give the other party corresponding compensation after the enterprise assets have been evaluated;

2) If both parties claim to operate the enterprise, the party that acquires the enterprise shall give corresponding compensation to the other party on the basis of bidding between the two parties;

3) If both parties are unwilling to operate the enterprise, it shall be handled in accordance with the Law of the People's Republic of China on Sole Proprietorship Enterprises and other relevant provisions.

After the divorce, it depends on whether the company's shares were acquired before or after marriage. If the shares of the company are acquired after marriage, they belong to the joint property of the husband and wife, and they can request a share of the shares. If the shares of the company are acquired before marriage, they are not considered the joint property of the husband and wife, but the dividends of the shares during the marriage belong to the joint property of the husband and wife.

According to article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18 of the Marriage Law stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

1. Division of the company's property after divorce: The husband and wife should negotiate on the division of the company's property, and if they can reach a consensus on the division issue, they shall divide it according to the division agreement reached; If the husband and wife cannot reach an agreement, or it is difficult to distribute the property according to the market price, the husband and wife can submit the division of the company's property to the court for judgment. 2. Legal basis: In the event of divorce in the event of a divorce in accordance with Article 17 of the Civil Code, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment on Suihong in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party on the basis of the specific circumstances of the property.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Legal Analysis: Equity is personal property, and only income is divided into equity. For joint-stock companies, the basic principle is direct equal division.

Legal basis: 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 intention of the parties to divorce voluntarily and the opinions on matters such as child support, property, and debt handling.

Article 16 of the Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of the People's Court of the People's Court involving the division of the amount of capital contributed by one party in the name of the limited liability company in the joint property of the husband and wife, and the other party is not a shareholder of the company, shall be handled separately according to the following circumstances:

1) If the husband and wife agree to transfer part or all of the capital contribution to the spouse of the shareholder, and more than half of the shareholders agree and the other shareholders expressly waive the right of first refusal, the spouse of the shareholder may become a shareholder of the company;

2) After the husband and wife reach a consensus on matters such as the transfer of the capital contribution share and the transfer of **, if more than half of the shareholders do not agree to the transfer, but are willing to purchase the capital contribution with the same **, the people's court may divide the property obtained from the transfer of capital contribution. If more than half of the shareholders do not agree to the transfer and are not willing to purchase the capital contribution at the same rate, it shall be deemed that they agree to the transfer, and the spouse of the shareholder may become a shareholder of the company. The evidence used to prove the consent of more than half of the shareholders provided for in the preceding paragraph may be a resolution of the shareholders' meeting, or it may be a written statement of the shareholders obtained by the parties through other lawful and closed channels.

In the event of divorce, only the joint property of the husband and wife can be divided, not the property of the company, and the property of the company belongs to the company. The joint property of husband and wife refers to the property obtained during the period of existence and tourism of the marital relationship, which is stipulated in the "Civil Law of the People's Republic of China", which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

Legal basis

Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of the marital relationship shall be 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; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: The operation of the divorced property division company should be divided by agreement between the two parties, and if the negotiation fails, a lawsuit can be filed with the people's court, and the people's court will distribute it according to the specific circumstances. If more than half of the shareholders agree and the other shareholders also expressly waive the right of first refusal, one party may transfer part or all of its capital contribution to the other party and become a shareholder of the company.

Legal basis: Paragraph 1 of Article 73 of the Interpretation (1) of the Marriage and Family Section of the Civil Code of the People's Republic of China of the People's Court of the People's Court hearing a divorce case involving the division of the joint property of the husband and wife in the name of one party in Toushan Limited Liability Company, and the other party is not a shareholder of the company, shall be handled separately according to the following circumstances:

1) If both husband and wife agree to transfer part or all of the capital contribution to the spouse of the shareholder, and more than half of the other shareholders agree, and the other shareholders have expressly waived the right of first refusal, the spouse of the shareholder may become a shareholder of the company;

2) After the husband and wife reach a consensus on matters such as the transfer of the capital contribution and the transfer**, if more than half of the other shareholders do not agree to the transfer, but are willing to purchase the capital contribution on the same terms, the people's court may divide the property obtained from the transfer of capital contribution. If more than half of the other shareholders do not agree to the transfer and are not willing to purchase the capital contribution on the same terms, they shall be deemed to have agreed to the transfer, and the spouse of the shareholder may become a shareholder of the company.

For the division of the company's equity in a divorce case, the judge will first examine whether the capital contribution to the company involves the joint property of the husband and wife, including the equity obtained by investment in the joint property of the husband and wife, the equity obtained by inheritance or gift (there is no written material to determine the ownership of one party), and the allotment or new shares obtained by the party who acquired the equity before the marriage and the exercise of the right of first refusal after the marriage.

Secondly, there will be different treatments to examine whether both husband and wife are shareholders of the company.

Both husband and wife are shareholders of the company, and try to guide both parties to negotiate to determine that one party will obtain all the shares of the company and compensate the other party for consideration.

If no agreement can be reached, it is advisable to attribute the company's shares to the party that actually operates the company, and that party shall pay the other party consideration compensation. If the two parties jointly operate the company, they can each hold the company's shares, and the original proportion can be reviewed and adjusted at the time of the share split.

The situation where one party is a shareholder of the company and the other party is not a shareholder of the company will be more complicated in judicial practice.

Review whether the husband and wife have negotiated to transfer part or all of the capital contribution to the spouse of the shareholder, and if so, whether the consent of more than half of the other shareholders has been obtained, and whether the other shareholders have expressly waived the right of first refusal.

If the other shareholders abstain, the spouse of the shareholder may become a shareholder of the company, and the court determines the proportion of their capital contribution.

If more than half of the shareholders do not agree to the transfer, but are willing to purchase the capital contribution at the same rate, the court may divide the property obtained from the transfer of the capital contribution.

If more than half of the shareholders do not agree to the transfer and are not willing to purchase the capital contribution at the same rate, it shall be deemed that they agree to the transfer, and the spouse of the shareholder may become a shareholder of the company.

If the husband and wife cannot reach an agreement on the transfer of the capital contribution, the shares of the company will generally be owned by one of the shareholders, and the other party will pay the corresponding discount.