The Equity Segmentation About Husband And Wife’s Common Ownership In The Divorce Proceedings

Since August 2011, the judicial interpretation Ⅲ of Marriage Law has sparked debate.Attention focused on the identification and treatment of marital property. However, only the judicial interpretation Ⅱ of Marriage Law has mention of the problem that the equity segmentation about husband and wife’s common ownership.Now, with the rapid development of the large number of private enterprises in our country,the equity segmentation about husband and wife’s common ownership has become the focus problem in the division of property in divorce and the dispute of corporation equity. But, many disputes still exist for this problem, so it is difficult to identify and divide it. The problem of the equity segmentation in the limited liability company is the most special.So, the range of study of this paper is that Funded jointly by the couple and the limited liability corporation equity rights held by one of the couple. First, based on the analysis on the basis the attribute of equity, the fundamental attribute of the equity is property. So the equity is divisible. Then, It is necessary to study this controversial issue from current legislation, judicial practice and academic theory under the legislation revelation of the judicial interpretation Ⅲ of Marriage Law. Finally, my paper hope to make clear the equity segmentation principles, and set up a rule of equity division, and improve the equity segmentation procedure and method. In order to perfect our legislation about the equity segmentation, And to promote the positive link between The Marriage Law and The Company Law, and finally to solve the jurisdiction dilemma.