| In recent years,the situation of husband and wife using joint property in the limited liability company has gradually increased,and the proportion of equity division in the case of divorce property division has gradually increased,resulting in the dispute of equity division of husband and wife divorce.This paper first makes an empirical analysis of the existing relevant cases,and summarizes the specific differences in the equity division of divorced couples,including the premise of division,the specific division procedure,the division method under special circumstances and the effectiveness of unilateral transfer of equity.Secondly,this paper analyzes and demonstrates the above differences one by one,and draws the corresponding conclusions.Thirdly,the causes of the differences in this paper were explored in depth,and found that the dispute over the division of the equity of the couple is mainly caused by the unclear nature of the joint equity and the ownership of the equity,the lack of division procedures,and the lack of coordination between the rights and interests of the spouse of non-shareholders and the spouse of shareholders.Finally,according to the reasons for the differences,the improvement of the equity division from two aspects of macro thinking and specific suggestions.Specifically,couples equity division shall carry out the theory of equity separation of interests and voluntary consultation,balance principle,at the same time,shall improve the public rules,improve the equity value evaluation mechanism and detailed for the division of couples equity to provide specific countermeasures. |
