Can Ningbo Taobao online store be divided when divorced

What is the nature of the property of the 1. shop?

Taobao shop and other online stores, the essence is attached to the platform's business rights and virtual property combination: both store reputation, grade, customer accumulation and other intangible assets, may also include inventory, equipment, account balance and other tangible and financial elements. The law usually treats it as a business property interest.

What needs to be distinguished is that the online store itself is attached to the platform's real-name authentication account, and the platform rules generally prohibit the transfer or rental of accounts. Therefore, the object of divorce division is usually not the "store account", but the business value and assets corresponding to the online store.

Judgment standard of whether the 2. can be divided

whether it can be divided depends on three dimensions: whether the store is opened before marriage or after marriage; whether it is invested and operated jointly after marriage; whether the value of the store mainly comes from the accumulation of joint operation after marriage. If the business is jointly operated after marriage, purchased and promoted with common property, the business value can usually be divided as common property.

If the store is opened by one party before marriage and does not substantially invest the labor and funds of the other party after marriage, the existing part of the store value before marriage is not divided, and only the value-added part after marriage may be included in the scope of common property.

How to determine 3. value

there is a lack of uniform standards for online store valuation. In practice, reference is often made to the operating flow, profit margin, store reputation rating, fans and customers re-purchase situation in the past one or two years, and the average transfer price range of the platform category is comprehensively determined. For shops that lack a transfer market, the court may make a flexible judgment on the basis of "operating profitability.

In practice, for the division of online stores, the court is more inclined to rule that the store should continue to operate by one party and pay discount compensation to the other party, rather than forcibly dividing the account number or requiring the platform to cooperate with the change of real name.

4. Segmentation and Platform Rules

since the real name authentication of the platform cannot be changed, the most feasible way is: the store belongs to the actual operator to continue to operate, according to the evaluation or negotiation value to pay the other party discount compensation. The parties may also agree on the distribution of profits during the transition period, which will be settled after the value of the store is realized.

If neither party is willing to continue the operation, the inventory and account balance may be liquidated and distributed, and the store may be closed or transferred. However, the transfer must comply with the rules of the platform, illegal transfer may lead to the store is punished or even banned, but harm the interests of both parties.

5. common mistakes

myth 1: The online store is mine under my name. The value formed by the joint operation after marriage may still be used as common property.

Myth 2: You can ask the platform to transfer the store to me. Real-name authentication is usually unchangeable and hard to enforce.

Myth 3: No profit is no value. Store reputation and customer resources also have property value.

Myth 4: The other party can continue to use the store after division. The handover and responsibility of account number, password and binding information shall be specified in the agreement.

6. operational steps

1. Fixed operating data

export store flow, profit, credit rating and customer data for the last two years as a basis for valuation.

2. Check the source of input

sort out the sources of funds and business participation in the purchase, promotion and labor input, and define the common input part.

3. Preferred discount

the store belongs to the operator, compensates the other party at a discount to the negotiated or appraised price, and agrees on the payment period and the consequences of default.

7. practice tips

the core difficulty of online shop segmentation is never "can not be divided", but "how much is it worth". Therefore, it is very important to fix the business data as soon as possible, otherwise once the other party changes the password, transfers the customer or stops the operation, the value will be difficult to restore. Data preservation should be done first when signs of marital change are found.

In addition, if the store has unsettled payment, margin or platform loan, it should also be liquidated. Talking only about the value of the store and ignoring the debt will lead to a clear imbalance in the division result, and the attribution and assumption of the debt should be stated in the agreement.

Preservation of 8. data and assets

the winners and losers of online store segmentation are often in preservation rather than debate. Once it is found that the business data may be tampered with, the background flow, order records, credit rating and customer information should be exported as soon as possible, and the timestamp should be fixed through notarization or platform background screenshots when necessary. According to the Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to adopt. Online store background data and transaction chat records should be fixed through notarization or credible time stamps to avoid authenticity being questioned in litigation.

In addition to operating data, account balance, margin, unsettled payment and inventory also belong to the scope of distribution, it is easy to ignore the store-bound Alipay balance and the purchase of unsold goods, liquidation should be itemized.

If the store has a platform loan or supplier arrears, the debt ownership and commitment should be clearly defined in the division agreement, only the assets are not divided into debt, often so that the final result and expectations have a significant deviation.

The Balance of 9. Management and Domestic Contribution

online shop operation is often one side of the main outside shop, the other side of the main housekeeping, or both sides to invest time and money. When dividing, we should not only look at the account flow and the registered subject, but also examine the other party's investment in housework, childcare, logistics, etc. These indirect contributions are also an important support for the online store to continue to operate.

Therefore, in advocating a split ratio, in addition to the business value can also be combined with domestic labor compensation, so that the final result is more in line with the actual contribution of both parties. It is easy to underestimate the efforts of the party that is not directly involved in the operation, and it is easier to trigger confrontation in negotiations.

If the two parties have large differences on the value of the operation, they can also agree on an observation period, during which they can continue to operate and distribute profits according to the agreed proportion, and then settle the compensation amount according to the realized income after the expiration of the period. This approach not only avoids the controversy of one-time valuation, but also allows the store value to be tested in real business.

Practical Experience of 10. Lawyers

an online store is essentially a combination of operating rights and virtual property attached to the platform, which includes intangible assets such as store reputation and customer accumulation, as well as physical and capital such as inventory, equipment and account balances. Special attention should be paid to one point: online stores are attached to the real-name authentication account of the platform, and the platform rules usually do not allow the transfer or lease of accounts, so what can be really divided in divorce is often not the account itself of "who owns this store", but its corresponding business value and assets. In addition, whether the division can be judged mainly depends on three dimensions-whether the store is opened before or after marriage, whether it is invested and jointly operated with common property after marriage, and whether the value of the store mainly comes from joint accumulation after marriage. If the business is jointly operated and invested after marriage, the business value can usually be divided as common property; if one party opens before marriage and the other party has no substantial investment after marriage, only the value-added part after marriage may be included.

The difficulty of online store segmentation is never "whether it can be divided", but "how much is it worth". It is the key to fix the operating data as soon as possible. Finding signs of marital change, the first out of the nearly two years of store water and profits, as the basis for valuation; once the other party changes the password or goes out of business, the value is difficult to restore. Then sort out the source of input, clarify the source of funds and business participation in the purchase, promotion and labor, and define the common input. Valuation may refer to operating flow, profit margin, store reputation and re-purchase, transfer price of similar items, lack of transfer market, the court may also be based on operating income capacity flexibility. In terms of division method, real-name authentication is difficult to change. It is more feasible for the store to continue to operate under the actual operator, to compensate the other party at a discount according to the negotiated or assessed value, and to agree on the payment term and the consequences of breach of contract. If both parties are unwilling to continue, they can liquidate the inventory and balance before distribution, but they must conform to the platform rules. Illegal transfer may result in punishment for the store.

To make the online store clear, there are still several details to remind. First, don't think that "the store is mine in my name". The value formed by joint operation after marriage may still be divided as common property. Second, don't expect the platform to transfer the ownership of the store to itself. Real-name authentication is usually unchangeable. Forced claims are difficult to implement. It is more realistic to focus on discount compensation. Third, don't take "no profit" as "no value". Store reputation and customer resources also have property attributes and should be included. Fourth, the division scheme should clearly write down the handover and responsibility of the account number, password, bound mobile phone and payment information, and agree on the boundary between the handover time and subsequent use. Fifth, don't forget the hidden debts such as unsettled payment for goods, platform margin and loans. If you only talk about the value and don't clean up the debts, the division result will be obviously unbalanced. Only by writing the attribution of these creditor's rights and debts into the agreement can we really understand the "store.