Research On Legal Issues Of Marital Equity Division

With the rapid development of society,the couple’s common property has also shifted from the traditional physical property to more diversified forms of non-physical property,such as funds,bonds,equity and so on.These non-physical properties are often accompanied by valuation difficulties,difficult to partition and other problems,there are certain practical difficulties.Among them,equity is particularly typical.Different from the division of real right and creditor’s right,it is difficult to generalize the property rights and non-property rights involved in the division of equity due to its particularity.At the same time,the equity division in divorce is also related to the business structure and future development of the company in which the shares are held.The change of equity may harm the interests of the company and other shareholders,and further may affect economic and social benefits.Behind the division of marital equity is the intersection and integration of commercial field and family business field,whose multi-faceted and complex nature is worth exploring.This paper discusses this problem through introduction,text and conclusion.The main body from the basic theory of husband and wife equity division,husband and wife equity division standard analysis,husband and wife equity division empirical research,husband and wife equity division optimization suggestions of four chapters are discussed.The author will start with the theory,explore the existing theories about the husband and wife equity,whether the husband and wife equity can be divided,and analyze different views;then from the law itself in-depth,through the study of foreign laws,compared with the old and new laws in China to explore the existing deficiencies in China’s legislation;then from the husband and wife equity division of the judicial status quo and difficulties,special problems and so on empirical research;finally,it puts forward reasonable optimization suggestions from the legislative and judicial aspects,and analyzes the specific ways of the split of husband and wife’s equity under different circumstances.This paper expresses the author’s views through the above content,in order to promote the gradual improvement of relevant laws and regulations,and also hopes that the views of this paper can provide some help for the division of husband and wife’s equity in practice.