Research On The Division Of Equity In Divorce Proceedings

Recently,there is a growing trend in claims of dividing limited liability company equity as couple’s joint property.This issue involves the cross sections between the Marriage Law and the Company law.However,at present,there is no clear legal provision and lack of uniform standard of adjudication.Jilin Provincial Higher People’s Court heard a typical case of dividing the joint ownership of husband and wife in 2013.The case finally came into effect in the second instance of the Supreme People’s court.Starting with the above cases,this paper first introduces the basic theory of related concepts,including the concept of joint property of husband and wife,equity of limited liability company and so on,and clarifies the identification of equity in joint property of husband and wife.Thereafter,combined with the above effective judgments,this paper analyzed the current situation of legislation and practice of divorce litigation in China,including the current legal provisions,and the current practice of divorce litigation in the principle and method of divorce division of husband and wife equity,that is,to differentiate between different shareholding situations.Finally,it summarizes some problems and shortcomings found in practice,and puts forward some suggestions to improve the equity division method in divorce proceedings.It puts forward the principles of equal consultation,protection of the legitimate rights and interests of other shareholders and creditors,division of shares as the main part and price compensation as the supplementary part.