What is the Distributive Property?

The common property relationship between husband and wife is based on the existence of a marriage relationship. When the marriage relationship is terminated, the common property must be divided. Article 39 of the New Marriage Law stipulates the principle of the division of divorced property, that is, "when divorce, the common property of the husband and wife shall be handled by agreement between the two parties; when the agreement is not reached, the people's court shall decide on the principle of taking care of the rights of the children and the woman according to the specific circumstances of the property. "In the countryside," the rights and interests enjoyed by husbands or wives in the contractual management of family land shall be protected according to law. "

Division of property

Chinese name: Division of property

Foreign name: Property dlision

Provisions in the Family Common Property Marriage Act:

Article 17 The following property acquired by a husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

(1) wages and bonuses;

(2) income from production and operation;

(3) income from intellectual property rights;

(4) Inherited or gifted property, except as provided for in Article 18 (3) of this Law;

(5) Other property that should be jointly owned.

Husbands and wives have equal rights to dispose of common property.

Article 18 The property of a spouse is one of the following:

(1) Pre-marital property of one party;

(2) Expenses such as medical expenses and living allowances for persons with disabilities due to physical injury;

(3) The property in the will or gift contract that only belongs to the husband or wife;

(4) daily necessities for one party;

(5) Other property that should belong to one party.

Judicial interpretation of marriage law 2:

Article 11 During the existence of a marriage relationship, the following properties belong to "other properties that shall be jointly owned" as provided for in Article 17 of the Marriage Law:

(1) the income obtained by one party from the investment of personal property;

(2) The housing subsidies and housing provident funds actually obtained or due to both men and women;

(3) Endowment insurance funds and bankruptcy compensation fees actually obtained or due to both men and women. The legal terms are basically here.If you don't understand, you can ask.

Therefore, the division of common property of husband and wife is generally handled in accordance with the following principles:

1. The principle of equality between men and women. Article 8 of the "Some Specific Opinions of the Supreme People's Court on the People's Court's Handling of Divided Cases in Handling Divorce Cases" stipulates that: husband and wife common property shall be divided equally in principle;

2.Protect the lawful rights and interests of women and children;

3.The principle of taking care of the party without fault;

4. Respect the principle of parties' wishes. If there is an agreement between the husband and wife and the agreement is legal, it shall be handled as agreed. If it is agreed to circumvent the law or is invalid, it shall be treated as common property;

5. Favorable production and convenient life.

How to divide property when cohabitation relationship is to end:

The common property during the period of cohabitation refers to the property jointly managed, used, gained, and disposed of by both parties, and used for debt settlement, mainly including: (1) wages and bonuses; (2) income from production and operation; (3) knowledge Proceeds from property rights; (4) Property obtained as a result of inheritance or gift (except property that is determined to belong to only one party in a will or gift contract); (5) Other property that should be jointly owned by both parties. The common property of the two parties must meet the following two conditions. One is that the property acquired during the cohabitation period, the property acquired by the previous cohabitation party, the property acquired by one party after the dissolution of the cohabitation relationship, and the property acquired by the other party after the death of the other party are not in common property. The second is that the property must be jointly owned by both parties in accordance with the law. The property obtained during the cohabitation period is not, of course, jointly owned by both parties. The property stipulated by law to be owned by one party, or the property agreed to be owned by both parties is not common property.

Split of limited liability company at the time of divorce:

1. The principle of common negotiation.

Prior consultation and settlement in divorce cases are a necessary process and are unique to marriage and family cases. The common property of the couple at the time of divorce in accordance with Article 39 of the Marriage Law shall be disposed of by the two parties; The method of handling the second type of situation stipulated in Article 16 of the Judicial Interpretation of the Marriage Law (II) is also conducted on the premise of consensus. That is, the two parties should agree whether to agree to transfer the capital contribution, whether to transfer the shares, and reach a consensus on the transfer price. Only in this way can the next step be taken-soliciting opinions from other shareholders. In addition, as mentioned earlier, based on the instability of the value of equity, the valuation based on a certain point in time is bound to contradict the value of equity, and the "complex equity" (some scholars call this) the nature of equity in marriage is a rigid requirement The judgment equity is owned by the husband and wife to give compensation to the other party, which not only pressures shareholders or fails to perform, but also loses and deprives the husband and wife of the purpose of the permanent investment income that the common property expects when investing.

2. In the case of divorce cases, the issue of compensation or equity acquisition should be clearly stated by the husband and wife, and it is not easy for the court to interfere too much.

As mentioned above, because the shareholder's spouse enjoys a special civil right, that is, quasi-shareholding equity, the shareholder's spouse has the right to choose to join the shareholder when divorce splits the equity. The obstacle to the exercise of this right can only be that other shareholders are not allowed to transfer and Where the purchase is made, or the party expressly waives, the judicial organ shall not deprive it. However, the author also noticed that in the current company law, the shareholder spouse's right to opt in is also subject to a great degree of restriction. If it is not allowed to award compensation to the other party as a shareholder, the rights of the shareholder spouse are indeed protected, but If other shareholders do not agree, it is still useless, and ultimately the equity cannot be obtained. However, compensation is obtained in disguise from other shareholders. To some extent, it does not protect the stability of the limited liability company. This is the limitation of equity transfer in company law, which is doomed to insufficient protection for non-shareholder parties in marriage cases.

The divorce division mainly divides the common property of the husband and wife, and mainly acquires the property during the marriage relationship after the marriage registration.

The scope includes:

(1) Salaries and bonuses;

(2) Income from production and operation;

(3) the benefits of intellectual property;

(4) inherited or gifted property;

(5) One-time expenses such as demobilization fees and self-employment fees in the name of military personnel;

(6) securities such as stocks, bonds, investment funds;

(7) the company's capital contribution, shares, and sole proprietorship;

(8) the income obtained by one party from the investment of personal property;

(9) Housing subsidies and housing provident funds;

(10) Endowment insurance funds and bankruptcy resettlement compensation fees;

(11) a property that one party claims to have acquired after the marriage is personal property but cannot provide evidence to prove it;