Research On Equity Division Of Limited Liability Company Under The Name Of One Husband And Wife In Divorce Litigation

Nowadays,compared with the traditional conjugal property,the conjugal property has a great change,not only including tangible property,but also involving intangible property,such as equity.In real life,it often happens that one husband and wife invests their common property in a limited liability company to obtain equity or purchase equity of a limited liability company,but their equity is registered in the name of one husband and wife.In most cases,it is difficult for the couple to reach an agreement on the split of shares when their relationship is broken.At this time,whether the equity can be divided and how to divide it are all issues that must be studied.Therefore,in order to solve the problem of equity division of a limited liability company registered in the name of one party when the husband and wife cannot reach an agreement,we must improve the corresponding supporting system.This paper starts with three typical cases with similar contents but different judgment results,clarifies the different judgment results of the court on this issue in practice,and analyzes the reasons for the similar cases but different judgment results.Then it leads to various disputes about whether equity can be divided in judicial practice and academic circles,and concludes that the key point of the dispute lies in the different understanding and understanding of the subject matter of the division,which leads to the fact that it is the equity itself or the equity value that should be divided at the time of the division.Secondly,the four methods in legal practice are used to judge that the equity really belongs to the joint property of husband and wife,and the non shareholding party has the right and practical possibility to obtain the equity at the time of divorce.Thirdly,it shows that there are two most common ways to solve this problem in practice.Based on the analysis of different solutions,it puts forward that there are different problems in different solutions.Finally,it provides more perfect suggestions for different problems in different solutions.At present,we are faced with such a problem.On the one hand,the types of citizens’ property are increasing.On the other hand,there are deficiencies in legislation and the lag of judicial decisions.This paper hopes to be helpful to the problem of equity division in this special case,to the improvement of the law,and to ensure the rights and interests of the parties and stakeholders to the greatest extent.