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Ningbo Divorce Ten Special Property Division Points Collection

Ningbo Author：LuXu WANG

Most people have a good idea of how to divide the house and the deposit. What really gets stuck in the negotiation is often something that is not on the regular list-an insurance policy that has not yet expired, an account with hundreds of thousands of fans, an outstanding equity incentive, and virtual assets in several online platforms. The common characteristics of this type of property are: difficult to estimate value, difficult to identify ownership, limited realization. The following is a sorting out of the respective processing caliber and practical operation points by category.

1. policy cash value and insurance premium

life insurance, which pays premiums on joint property during the marriage, is usually not the amount of insurance that can be divided at the time of divorce, but the cash value of the policy as of the point of division. If one party of the policyholder requests to retain the policy, it shall compensate the other party for half of the corresponding cash value. If an insurance accident has occurred and the insurance money has been obtained, the nature of the insurance money shall be distinguished: the part with the attribute of personal injury compensation (such as disability and medical payment) tends to be recognized as personal property, while the savings type and return type payment are usually treated as common property. Changing the beneficiary does not affect the common attribute of the policy cash value itself.

2. Housing Provident Fund and Enterprise Annuity

the balance of the housing provident fund formed during the marriage relationship belongs to the joint property of the husband and wife, and the division is the increase in the corresponding period of the account, not the entire balance. The treatment of enterprise annuity and occupational annuity is the same: the deposit and value-added part of the marriage relationship is divided. Since both types of accounts are subject to withdrawal conditions, in practice, "discount compensation" is used instead of "account transfer", and the holder makes up for the other party with other property, so as to avoid the difficulty of execution of the judgment due to the inability to withdraw.

3. pension insurance personal account

the basic old-age insurance personal account can not be withdrawn and divided before retirement, but the rights and interests formed by the payment during the existence of the marriage relationship can usually be appropriately compensated as a consideration factor in the division. On the scale of adjudication, it is more likely that the party who does not hold the account is given due care in the overall distribution of property, rather than a direct order to split the account. It should be noted that the amount paid by the unit into the overall planning part of the personal account does not belong to the divisible scope.

4. stock and fund accounts

the assets in the securities account are volatile and whether they are realized or not directly affects the interests of both parties. There are three common treatment methods: one is to compensate according to the market value discount on the base date of division, which is easy to operate but may deviate from the actual realized price; The second is to divide the securities according to the shares in kind, I .e. to transfer the securities to the respective accounts of both parties, which is applicable to the situation where both parties have accounts and the subject matter can be divided. The third is to agree to hold jointly and distribute them in proportion after cashing at a certain time. Whichever is chosen, the split base date and valuation method should be fixed in the agreement.

5. from the media account and its revenue

the account itself is usually recognized as the right to use under the platform service contract, with strong personal attributes, generally not for forced transfer division. Common processing is: the account number is owned by the actual operator, who will compensate the other party for half of the realized income; for future income, it can be agreed to be distributed according to a certain period of time, a certain proportion, or a one-time discount to buy out, to avoid long-term entanglement.

Proceeds from 6. intellectual property rights

article 1062 of the Civil Code classifies proceeds of intellectual property as joint property of the spouses. What needs to be distinguished is the right itself and the income: the personal right part of the copyright and patent right belongs to the right holder, and the property income that has been obtained or can be obtained during the existence of the marriage relationship belongs to the common property. For rights that are still in application and whose benefits are uncertain, in practice, a "separate division when actually acquired" approach is adopted, with provisions reserved in the agreement.

7. Live Reward and Network Virtual Property

if one party uses the common property to make a large and irrational reward, the other party may claim that the act constitutes a squandering of the common property, and request less points for the party at the time of division. Virtual property such as game equipment, virtual currency and platform account balance belongs to the scope of property rights and interests protected by law, and the difficulty of division lies in valuation, which is usually determined by reference to top-up records, platform transaction prices or third-party evaluation.

8. parking spaces and storage rooms

the key is to look at the ownership form first: if there is an independent property right certificate, it shall be treated as real estate, and the discount can be evaluated; If there is only the right to use the lease (common in civil air defense parking spaces), the division is the use right, which is usually converted according to the value of the remaining lease term. If it is registered in a bundle with the residence and cannot be transferred separately, it shall be handled together with the ownership of the main house, and the acquiring party. In some communities in Ningbo, parking transactions are subject to agreed restrictions such as priority purchase by the owners of the community, and turnover restrictions should be taken into account in valuation.

Compensation for 9. demolition and resettlement

the division of demolition interests depends on the specific caliber of the resettlement policy. According to the part of population resettlement, their respective shares are usually determined according to the scope of the population to be resettled, and the non-resettled population does not participate in the distribution in principle; The part obtained according to the original house area or property right exchange follows the ownership nature of the original house. If the original house is the personal property of one party before marriage, the replacement income is still personal property in principle, but the over-area part jointly purchased after marriage and its corresponding value can be divided. Before the division, the demolition compensation agreement and the resettlement population identification form must be obtained. These two documents almost determine the direction of the whole case.

10. pets and memorials

the current law does not establish independent personal rights and interests for companion animals. Pets are still treated as "things" in the judgment and are treated as common property. The court will answer which party is more reasonable and whether the other party should be compensated at a discount, rather than "who loves it more". When a party is awarded, the purchase contribution, daily care input, feeding conditions and accompanying time are usually considered. Marriage memorials, valuables given by one of the parents, need to be confirmed in advance: it is clear that the gift to a particular party belongs to personal property, and if it is not clearly stated, it shall be treated as common property.

XI. Case confirmation

according to similar judgment rules, for life insurance that pays premiums with common property during the existence of a marriage relationship, the court usually takes the cash value of the policy on the base date of division as the object of division during divorce, and decides that the insured party shall retain the policy and pay half of the cash value to the other party. The common compensation amount ranges from tens of thousands to 200,000 yuan, depending on the number of years of payment and the type of insurance. The part of the benefit with the nature of personal injury compensation is usually not included in the division. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar adjudication rules, the court usually determines that the self-media account number operated during the existence of the marriage relationship belongs to the actual operating party, and the realized advertisement and share income are divided according to the common property. For future income, a one-time discount compensation is adopted to avoid new disputes arising from long-term performance after the judgment. Where a party uses common property to make a large irrational reward and cannot justify it, the proportion of the party's underscore at the time of division is common in the range of 10 to 30% percent. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

XII. Risk Tips

  • no split base date: the value of stocks, funds, and virtual assets fluctuates at any time, and agreements that do not have a fixed base date are almost bound to give rise to new disputes when they are fulfilled.
  • Only write "owned by their own": for provident funds, annuities, pension accounts and other property that cannot be directly transferred, general statements will lead to judgments or agreements that cannot be enforced.
  • Missing accounts and virtual assets: the list does not cover platform account balances, game assets, digital collections, and claims to be prosecuted separately after divorce.
  • Incomplete demolition materials: lack of compensation agreement and resettlement population identification form, share identification can only rely on speculation, the result difference may reach hundreds of thousands of yuan.
  • Treat the amount of insurance as a divisible amount: life insurance is divided into the cash value of the policy, according to the amount of insurance claims will lead to a serious deviation of the amount of the claim, increase the cost of litigation.

XIII. Frequently Asked Questions

can insurance be divided in the event of divorce, whether it is the amount of insurance or the cash value?

Life insurance with premiums paid on common property can be divided, usually by the cash value of the policy as of the base date of the division, rather than by the amount insured. If the insured party wishes to retain the policy, it shall compensate the other party for half of the cash value. The portion of the insurance money that has been compensated for personal injury is generally recognized as personal property.

Can provident funds and annuals be transferred directly from each other's accounts?

generally cannot. The two types of accounts are subject to withdrawal conditions, and in practice they are usually not split, but are based on the portion of the deposit and appreciation during the marriage, with the holder compensating the other party at a discount to other property, so that the judgment and agreement are enforceable.

Who will the self-media account belong to when it divorces, and can the value of fans be divided?

The account itself has a strong personal attribute, usually awarded to the actual operating party, not for forced transfer. What can be divided is the operating income generated during the marriage. The fan volume itself is not directly discounted, but will be used as a reference factor in assessing future earnings and determining the amount of one-time compensation.

The other party rewards the anchor with a large sum of money. Can the money be returned?

can claim. If the use of common property is used for large and irrational rewards and cannot be justified, the party may be requested to be given less points at the time of division; if the object of the reward has an improper relationship with it, the disposition may be deemed to be a free gift of common property, and the other party shall have the right to request full return. The key lies in the fixed reward records, the size of the amount and the evidence of the source of funds.

Fourteen, lawyers actual combat experience

how to divide houses and deposits? Most people have a bottom in mind. What really gets stuck in negotiations is often things that are not on the regular list: unexpired insurance policies, self-media accounts with fans, outstanding equity incentives, and virtual assets in the platform. The common characteristics of this type of property are that it is difficult to estimate the value, the ownership is difficult to distinguish, the realization is limited, and the treatment idea is also different. The policy looks at the cash value rather than the insured amount. Those who continue to pay after marriage before and after marriage are only divided into the married part. Provident fund and enterprise annuity are divided into the increase formed during the marriage, and discount compensation is used instead of account transfer when limited by withdrawal conditions. Individual pension insurance accounts are mostly care factors for the overall distribution, rather than direct split.

Securities and account-type property, with a focus on benchmarking and export retention. Equity funds are volatile and can be negotiated at a discount to the market value of a certain base date, or divided in kind and transferred to their own accounts, or they can be agreed to be jointly held and liquidated on a pro rata basis, either way, the base date and valuation method must be written in the agreement to avoid future disputes. Since the media account personal attributes are strong, the account itself is generally not forced to transfer, but the marriage generated advertising, with goods, platform sharing and other income belongs to the common property, often by the actual operator on half of the existing income compensation to the other party, the future income is agreed to be distributed according to the term ratio or a one-time discount buyout.

Intellectual property rights should distinguish between the right itself and the income, the personal right part belongs to the individual right holder, the property income that has been obtained or has been clearly obtained during marriage is the common property, still in the application, the income is uncertain, in the agreement to reserve "to be actually obtained when the division" clause is more secure. Compensation for demolition and resettlement should be distinguished between the original house and the population, and different treatment is different in nature. Parking spaces and storerooms depend on whether they are obtained with the house. Pets and memorials are of little value but have heavy emotional weight. It is better to agree on ownership and visiting arrangements than to argue. The experience of dealing with this kind of property is that it is better to write down everything you can think of in the agreement than to leave a vague clause to fight another lawsuit after divorce.

In fact, the methodology for the treatment of special property is highly consistent: first characterization (individual or joint), then valuation (base date and valuation method), and finalization (physical division, discount compensation or optional realization). If any of the three steps is vague, the agreement will split at the fulfillment stage. It is suggested that before formal negotiations, a list should be made item by item according to the above ten categories, marking the basis of ownership, valuation method and possibility of transfer, and the unified conversion of items that cannot be directly divided into discount compensation, which can not only improve the efficiency of negotiations, but also ensure the enforceability of the instrument. If household assets involve more than three of these, or contain more complex forms such as equity incentives and cross-border assets, it is recommended to complete a round of professional valuation before negotiations.