Research on the Division of Jointly-owned Equity in Divorce Litigation

DOI: https://doi.org/10.62517/jel.202514506

Author(s)

Shuying Jia*

Affiliation(s)

School of Law, China JiLiang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

The issue of marital equity division in divorce litigation is an emerging topic in contemporary legal practice and theoretical research, involving the intersection of civil law and company law, and there are multiple legal and practical difficulties. This article, through empirical analysis of 90 sample cases, finds that there are mainly three major problems: unclear equity ownership, conflicts between the division of equity between husband and wife and the interests of company shareholders, and difficulties in equity value assessment. The root cause of the problem lies in the dispute over the scope of equity co-ownership, the value conflict between company law and family law, and the absence of an equity value assessment system. It also puts forward suggestions for improvement, such as establishing a registration system for joint ownership of marital equity, standardizing equity assessment standards, improving the reversal of burden of proof, and introducing a "company repurchase" system.

Keywords

Joint Equity between Husband and Wife; Equity Division; Segmentation Range; Equity Ownership; Equity Value Determination

References

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