Insights

Who owns the management right of Ningbo divorce online store? 6 valuation points

Ningbo Author：LuXu WANG

An online store that has been in operation for seven or eight years, with drill grade, evaluation, old customers and supply channels all saved in it, but there may only be a small deposit on the book. When a couple breaks up, this invisible value is most likely to be underestimated, and it is also most likely to lose control completely after a backstage password change.

Is the 1. online store a divisible property or not?

Article 1062 of the the People's Republic of China Civil Code includes the proceeds of production, operation and investment in the joint property of the husband and wife. The operating income of online shops opened and operated during the marriage relationship undoubtedly belongs to the common property. As a business resource with personal attributes, whether the store itself can be directly divided depends on the platform rules and actual operation status.

The difference between account ownership and management rights.

The user agreement of most e-commerce platforms stipulates that the ownership of the account belongs to the platform, and the user only enjoys the right to use it. Therefore, the court generally does not decide to award the ownership of the account to a certain party, but deals with the ownership of the right to operate and the value compensation. If the platform rules allow shops to transfer ownership, they can be handled according to the rules. If it is not allowed, only one party can operate and the other party can take money.

Item 1 of the 2.: Confirm the opening time and funding source

the opening time determines the starting point of the property. If it has been opened before marriage and jointly invested by both parties after marriage, the value-added and income after marriage belong to the common property. The source of capital contribution should be restored through the payment account of the first deposit, purchase payment and promotion fee.

Item 2 of the 3.: Accounting for the actual operating income of the store

income accounting can not only look at the background turnover. The available caliber is: the platform settlement flow in the past two to three years, deducting the purchase cost, promotion expenditure, logistics and labor, to obtain the actual profit, and then judge the split base accordingly. If there is a tax return record, the declaration data is often the most secure reference. Many families in Ningbo to e-commerce business as the main source of income, store types cover Taobao, spell more, shake the sound of small shops and cross-border e-commerce, different platforms of the settlement cycle and refund rules are obviously different, accounting should be in accordance with the corresponding platform rules to restore the settlement flow.

The distinction between flow, payment and margin.

The nature of the three sums of money is completely different: the transaction flow contains a large amount of pending settlement and refund, which cannot be directly regarded as income. Mixing up the three is the most common mistake in accounting.

Items 3 and 4 of the 4.: intangible assets such as credit rating and trademarks

reputation rating, praise accumulation and the list of old customers constitute the main source of store premium, although it is difficult to price directly, but can be used as a reference through the transfer of similar stores. If a trademark has been registered, the trademark right is a property that can be assessed separately and should be listed separately in the list and cannot be mentioned with the store.

5. Items 5 and 6: Inventory, Supply Chain and Teams

inventory should be counted at cost price instead of tag price, and unsalable part should be treated at a discount. Although the supplier's account period, exclusive agent qualification and stable customer service team are not strictly property, they directly affect the sustainable profitability of the store and can be used as price adjustment factors when negotiating the price.

Common practice of 6. attribution to one party and compensation at a discount

article 1087 of the Civil Code establishes the rule that the agreement takes precedence and that the agreement is not decided by the court. For online stores, the most common treatment is to award the actual operating party, by which it pays a discount to the other party, the reason is that the value of the store is highly dependent on the experience and input of the operator, forced co-management often lose both.

Business cooperation obligations during the transition period

the agreement should specify the cooperation obligations of both parties during the handover period: no unauthorized modification of the account password and binding of mobile phones, no transfer of store funds, no removal of goods from the shelves or closure of stores. In case of violation, liquidated damages may be agreed upon, leaving a basis for subsequent recourse.

7. case proof

in practice, for online clothing stores opened during the marriage and mainly operated by one party, the court generally decided that the actual operator should continue to operate, and the other party should be compensated according to the net assets of the store and the average profit in recent years. Taking the inventory cost of 300,000 yuan, the deposit of 50,000 yuan and the average annual net profit of 400,000 yuan in the past three years as an example, the discount compensation is usually in the range of 400,000 yuan to 600,000 yuan. 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.

In practice, if one party modifies the store login information, transfers the settlement money and empties the inventory without authorization during the litigation period, it is deemed to be the transfer of the joint property of the husband and wife. According to Article 1092 of the Civil Code, the party may divide less or not, and the amount transferred out shall generally be deducted from its share in the original amount. 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 the public judgment of Ningbo court, in the property dispute after the divorce between fan and Xue, the court included the company's liquidation property, shares and multiple real estate into the common property division, and ordered one party to pay the division; according to the public judgment of Ningbo court, in the property dispute after the divorce of Wang and Zheng, the court recognized the house registered in the defendant's name as common property and awarded it to the plaintiff, the plaintiff pays the compensation of 328500 yuan-Ningbo court generally adopts the treatment method of "one party obtains and compensates at a discount" for property that is not easy to co-manage and relies on one party for continuous operation, and the division of online stores also follows this path.

8. Risk Alert

  • just look at the turnover: the platform flow as a profit, it is easy to get a serious deviation from the actual split base.
  • Ignore deposit: platform deposit, payment deposit is refundable property, omission is equal to free.
  • Unfixed background data: no screen recording and data export were done before the prosecution, and the other party was extremely passive in obtaining evidence after changing the password.
  • Missing trademarks: Registered trademarks have not been separately evaluated and may be disposed of by the other party after division.
  • Inventory is priced: inventory at the tag price will inflate value and ultimately be difficult to realize.
  • Lack of handover clause: the agreement does not include the obligation of cooperation and the liability for breach of contract, and the performance stage is easily out of control.

9. FAQ

can I be awarded the online store account number?

Generally, the ownership of the account will not be directly judged. The platform agreement usually stipulates that the ownership of the account belongs to the platform, and the court deals with the ownership of the right to operate and the discount compensation.

The other party secretly canceled the store, what should I do?

You can apply for access to platform background data and settlement records to prove the original value and cancellation behavior of the store. In the case of intentional destruction or transfer of common property, the party may divide it less or not at the time of division.

For shops opened before marriage, should the profits be divided after marriage?

To divide. The shop itself may be personal property before marriage, but the income from the operation after marriage is the joint property of the husband and wife, and the other party may claim a corresponding share of the operating profits during the marriage.

How to prove how much the store earned?

Can be combined with the platform settlement flow, purchase contract, logistics documents and tax declaration materials cross-verification. If the other party does not cooperate with the provision, it may apply to the court to obtain back-office operation data from the platform.

Practical Experience of 10. Lawyers

the most afraid of such property as online stores is not that they cannot be divided, but that "one password change will lose control". When handling, the identity should be sorted out first: the registration subject and ownership of the account belong to the platform, and what the husband and wife can really claim is the ownership of the management right and the accumulated value of the store. Therefore, the first step is not to fight for who owns the account number, but to fix the business history of the store-when it was opened, whose real name and store qualification were used, and who was mainly responsible for it. These determine whether it is pre-marital or marital, personal or joint operation in nature.

Valuation is the core difficulty of such cases. There is often only a margin on the books, but the true value is hidden in an invisible place. You can start with several things: the store's operating income and flow, reputation rating, evaluation and accumulation of old customers, trademarks and other intangible resources, as well as inventory, supply chain relationships and teams. It should be reminded that not only funds, but also sources of goods and customer contact information may be transferred at any time. Therefore, once you enter the seesaw, you should save background data, transaction records and customer service accounts as soon as possible to prevent key information from being emptied by the other party with one click.

In terms of division, the more realistic approach is for one party to continue to operate and the other party to take a discount to compensate, rather than imposing the account itself. Therefore, when talking, we should focus on "how much is it worth, who compensates whom, and how to pay": first determine a valuation range acceptable to both parties, and then talk about installment or one-time payment. If the other party insists on seizing the store and refuses to compensate, litigation and preservation can be used to fix evidence of operating income and value. We should also pay attention to the risks that the other party also faces-the store's reputation and supply rely on long-term operation, once the lawsuit drags on, the value itself may shrink, which can be a realistic reason to urge it to settle as soon as possible.