Study On The Segmentation Of Equity Held By One Of The Couple In The Divorce Proceedings

The division of joint property of husband and wife has always been a focus of divorce, this problem not only for couples party is of great significance, will also indirectly affect society in other marriage and family treatment for the property relations of husband and wife. In the context of building a harmonious society, the divorce rate is increasing year by year, it is required to properly handle these disputes. Equity as a new type of rights with the rapid development of the company in recent years, but also more in the scope of the common property of husband and wife, has become the norm in the divorce property lawsuit. But there is still a big difference in the identification and segmentation of the shares registered in the name of the husband and wife. Coupled with the dynamic changes in the value of the equity and the company’s compliance requirements, it makes the division of the name of the husband and wife one side of the split has become a difficult problem in practice.At present, there is a dispute is that the couple shared equity or only the economic value of equity. Combining with the family property system in our country and the property right is the core feature of the property right, the couple shared all rights of the equity. The damage to the company’s human nature can be restricted by the company’s articles of association, so as to achieve the balance of the interests of non shareholders and other shareholders. In the judicial practice, it is difficult to find the proof determine the equity value. But the equity value evaluation mechanism and other supporting measures can solve these problems.