The division of divorce equity is complicated and difficult. Equity division involves a wide scope and a large amount of money, such as:
How to split the equity obtained before marriage:
(1) Equity dividend;
(2) equity appreciation part;
How to split the equity after marriage:
(1) After marriage to establish a company, both husband and wife are shareholders of the company, and have a certain proportion of shares;
(2)One of the husband and wife holds shares in the company;
(3) The company's shares are held by a third party (friends and relatives on behalf of their own shares).
(4) Shares purchased with personal property after marriage, but agreed to belong to the joint property of husband and wife;
(5) One of the husband and wife is personally owned before marriage, but they agree to jointly own the equity after marriage;
(6) Stock rights purchased by a couple from a community property after marriage;
(7) After marriage, one of the spouses inherits the equity obtained by gift or bequest, and the decedent, donor or bequest has not made a special explanation that the equity belongs to one party alone.
In general, the husband and wife in the same company share of the situation, the process is relatively easy; It is more difficult to deal with the common situation that one spouse holds shares in a company or both spouses hold shares in different companies.
Compared with the division of divorced RV and other fixed financial affairs, the division of equity is more difficult. It will not only involve the property distribution between husband and wife, but also affect the legitimate rights and interests of other shareholders of the company, such as: the equity confirmation and division of dormant shareholders, the legal nature of the spouse's investment behavior, the validity of equity s transfer and the confirmation of equity pledge effect In practice, many couples hand over their shares to others, or those who do not participate in the operation and management of the company still need to prove the equity division.
According to home reason law firm released the 2019 white paper on marriage and family law service industry of the data, in our case, 18.13% of divorce proceedings involve company equity, equity and most divorce will face a lot of practical difficulties in the process of segmentation, especially in the evidence collection company, due to personal ability is limited, it is difficult to easily gather relevant evidence to the company.
Jiali law firm has handled a number of divorce equity dispute cases, the divorce of a listed company equity dispute, we for the client's equity discount of 1.8 million; Also had a month to solve the divorce case of a real estate company shareholders, for the parties to win property more than 50 million. In these cases, domestic lawyers have accumulated a wealth of practical experience, can accurately grasp the development direction of the case, maintain a keen predictive power of the case, and strive to maximize the interests of the client.
Jiali lawyers not only have deep professional knowledge of marriage and family affairs, but also have deep attainments in company law, securities law and other laws and regulations. Many lawyers have experience in capital market service in their early years. Among them, lawyer Yi Yi and lawyer Yang Shuai have handled several divorce cases involving equity division of more than 100 million yuan. According to the parties' demands for equity division, family lawyers can provide professional and systematic legal services, customize legal and scientific equity disposal plans for the parties, and resolve equity disputes related to personal wealth and the fate of enterprises.