Ningbo divorce stock account before and after marriage market value 4 points.

Stock accounts are one of the most "inexplicable" assets in contemporary family property. Stocks bought before marriage, additional funds after marriage, dividends, margin trading operations, profits and losses after frequent trading, all mixed in the same account, divorce often hold their own words. One party said that the pre-marital stock is their own pre-marital property, and the other party said that post-marital appreciation and investment should be shared. When courts deal with such cases, they usually do not simply look at the total market value of the account, but rather stratify the determination based on the source of funds and the time of operation.

Common patterns of 1. stock account mixing

the mixing of stock accounts usually manifests itself in three situations: first, stocks and funds are already available before marriage and continue to trade after marriage; The second is to open an account or add funds with common property after marriage, but there are also funds transferred in the account before marriage. Third, after marriage, one party's personal property is used to make additional investments, but the source of funds is proved to be insufficient and is presumed to be common property. In either case, the premise of the division is to clarify the source of funds and the corresponding income.

The confusion of the total assets of the account.

The stock account statements printed out at the time of divorce often only reflect the current position and market value, and cannot directly indicate which are pre-marital property and which are joint property after marriage. If the total assets of the account are divided directly in half, it is unfair to the party who invests more before marriage; if all of them are identified as personal property, the joint investment and value added after marriage may be ignored.

Importance of transactions

the core evidence of a stock split is not a screenshot of the current market capitalization, but a complete trading flow. The trading flow can show the time, amount, and number of shares of each buy and sell, so as to determine the time and nature of the funds entering the account.

2. the distinction between pre-marital stocks and post-marital appreciation

stocks held by one party before marriage are, in principle, personal property before marriage. But after marriage, if there is a transaction, additional funds, dividends and other circumstances, its value and form will change.

Natural Value-added and Active Management Value-added

article 26 of the "(I) of the Supreme People's Court on the Interpretation of the Marriage and Family Code of the the People's Republic of China Civil Code" stipulates that the fruits and natural appreciation of the personal property of one spouse after marriage are still personal property. The appreciation of a stock due to rising market conditions, if one party does not take the initiative to operate after marriage, is usually considered to be a natural appreciation, owned by the individual.

Changes in the nature of benefits from active operations

if the pre-marital stock is actively managed after marriage, such as frequent trading, additional funds, margin financing and leverage, the resulting income is often recognized as the joint property of the husband and wife or at least part of the joint property. Because active operation invests time, energy and common property after marriage, value-added is no longer simply a natural value-added.

The 4-way division of divorce stock in 3..

Combined with judicial practice, stock account segmentation can usually be handled according to the following four layers of ideas.

Level 1: The market value of the pre-marital stock belongs to the individual.

The market value of the shares in the account on that day is determined on the basis of the date of registration of the marriage. This part of the value and its natural appreciation after marriage, in principle, belongs to the individual holding party before marriage. If you don't sell after marriage, the value-added portion may still go to the individual simply because the market is rising.

The second level: the joint capital investment after marriage is divided according to the common property.

After marriage with wages, bonuses, operating income and other common property to add into the stock account, whether it is to buy new shares or to make up the old shares, the corresponding funds and income belong to the joint property of the husband and wife, in principle, divided in half.

The third level: after marriage, one party's personal capital investment needs to be proved.

If one of the parties to the marriage claims to use personal property for additional investment, such as pre-marital deposits, inheritance or gift of property, it is necessary to provide clear evidence of the source of funds. If the source of funds cannot be proved, it is presumed that the joint property of the husband and wife is invested.

Level 4: Value-added income is distributed according to contribution.

For the value added due to active transactions after marriage, the court will make a comprehensive judgment based on the proportion of capital investment, frequency of operation, time and energy investment and other factors. If both parties participate jointly in the investment decision, the value-added portion is usually divided equally as common property.

The attribution of shares bought by 4. after marriage.

Stocks bought after marriage, the source of funds determines the attribution. If it is bought with common property, it belongs to the joint property of the husband and wife; if it is bought with the personal property of one party, it belongs to the personal property, but the source of funds needs to be clarified.

Stocks bought by marriage wages.

After marriage, one party's wages, bonuses, remuneration for services, etc. belong to the joint property of the husband and wife. The shares bought with these funds, even if registered in the name of one party, are the joint property of the husband and wife and should be divided in the event of divorce.

Stock bought by parent transfer

if the parents transfer money to one party for stock trading after marriage, it is necessary to clarify whether the nature of the money is a loan or a gift. If it is given to one party, it belongs to the personal property of one party; if it is given to both parties, it belongs to the common property; if it is borrowed, it belongs to the joint debt of the husband and wife. It is recommended to clarify the nature in writing at the time of transfer to avoid disputes.

5. Margin Trading and the Handling of Credit Accounts

A margin account is more complex than a regular account because it contains both assets and liabilities. The division not only calculates net assets, but also considers the attribution of the financing balance.

Undertaking of financing liabilities

the financing liabilities arising from joint investment after marriage belong to the joint debt of the husband and wife, which are jointly borne by both parties, and the liabilities arising from the personal investment or gambling of one party are personal debts. The split needs to be judged in conjunction with account transactions and the use of funds.

Guarantee and maintenance guarantee ratio

there is collateral in the margin financing account, and the risk of forced liquidation is also objective. During the divorce proceedings, if the account is operated by one party without authorization resulting in a huge loss, the other party can claim compensation. If necessary, you can apply for freezing the account transaction authority or change the password.

Key points of 6. proof and time point of assessment

the evidence of stock split is mainly account opening information, transaction flow, capital flow and asset statement. The point of assessment is generally based on the market value at the time of divorce or the end of the first instance debate.

key time node

marriage registration date, first investment date, important transaction date, prosecution date, court date, these nodes are essential to distinguish between pre-marital and post-marital property. It is recommended that the parties keep screenshots of the account market value and statements at key points in time before suing.

Application for court access

if the other party does not provide the transaction flow, it can apply to the court for an investigation order, and the broker will provide a complete record of the transaction. For offshore brokerage or Internet platform accounts, access is more difficult and requires an early assessment of feasibility and cost.

7. case proof

according to similar rules, one party opens a stock account and holds a number of shares before marriage, and after marriage, the joint income of the husband and wife continues to make up positions and transactions, and the market value of the account at the time of divorce increases significantly compared with that before marriage. The court usually takes the market value of the account on the date of marriage registration as the boundary, the pre-marital part and its natural appreciation belong to the individual, and the joint capital investment and corresponding appreciation after marriage are divided as the joint property of the husband and wife. If the operation after marriage is frequent and mainly managed by one party, the court may, at its discretion, give the operator an appropriate multiple points, but the principle of average division of common property remains the overall principle. 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, one party opens a new stock account with post-marital income and leverages the financing of securities during the marriage, and the account suffers a large floating loss due to market fluctuations at the time of divorce. The court usually recognizes the principal invested after marriage as the joint property of the husband and wife, and the financing liabilities arising after marriage are also recognized as the joint debts of the husband and wife, which are jointly borne by both parties. 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.

8. Risk Alert

• only submit screenshots of the current market value of the account, lack of trading flow, can not prove the source of funds and the proportion of investment after marriage.
• The confusion between natural value-added and active management value-added leads to the wrong division of personal property and common property.
• After marriage, the common property is invested but the funds are mixed with the pre-marital account, and the lack of evidence of the source of funds is all presumed to be common property.
• The liabilities of the financing and financing account are ignored, and only the assets are divided into debts, resulting in an equity imbalance.
• During the divorce proceedings, one party's unauthorized operation of the account caused losses, and the failure to apply for preservation in time led to the expansion of losses.

9. FAQ

before marriage, the stock rose after marriage. Do you want to divide the value-added part?

If there is no active operation after marriage, only because of the rise in market conditions, the value-added part is generally recognized as natural value-added, belonging to personal property. If active management such as frequent transactions, additional funds or margin financing is carried out after marriage, the value-added portion may be recognized as the joint property of the husband and wife.

How do you calculate the money you earn from stock trading after marriage?

Wages after marriage belong to the joint property of husband and wife, and the proceeds from stock speculation with wages after marriage also belong to the joint property of husband and wife, and are divided in principle in half when divorcing.

Do the financing and financing liabilities in the stock account also have to be divided?

The financing liabilities arising from joint investment after marriage are joint debts of the husband and wife and need to be borne jointly. Assets and liabilities should be treated simultaneously when splitting.

What if the other party does not cooperate to provide stock trading records?

You can apply to the court for an investigation order, and the securities company will provide a complete flow of transactions and funds. If necessary, you can apply for the right to freeze account transactions to prevent the other party from disposing of assets without authorization.

Practical Experience of 10. Lawyers

stock account is the most "inexplicable" piece of family property, because the pre-marital principal, post-marital additions, dividends, financing operations and frequent trading after the profit and loss are all mixed together. Courts usually do not simply cut the total market value of the account in half, but rather distinguish between the source of funds and the timing of the operation to stratify the determination. Therefore, the first thing to deal with this kind of assets is not to calculate the total amount, but to sort out the source and time of each fund, separate the "pre-marital principal" from the "post-marital investment", and separate the "lying up" from the "hands-on profit.

Operationally, it is necessary to retrieve the complete statement and transaction flow as soon as possible, and restore it according to the timeline: the stocks and funds already held before marriage, the additional funds after marriage, the part bought with common property after marriage, and the derivative income such as dividends and shares. Distinguish between natural value-added and active business income is also very important, pre-marital principal after marriage is only part of the natural value-added usually with the original property, after marriage frequent trading, increase positions, financing operations to form the income, the nature is often different. Insufficient proof of source of funds may also be presumed to be common property, so proof should be prepared in advance.

Strategically, the party advocating the division should keep an eye on the capital investment and operating records after marriage. Negotiations can not generally argue about "how to divide the account", but put forward "pre-marital principal to one party, post-marital joint investment and its corresponding income according to the proportion of the division" of the stratification scheme, both the basis and leave room. The timing of the assessment is equally important. Try to talk about the assessment benchmark at the negotiation stage, and don't wait until the figures are finalized before going back on your word.

At the heart of stock account segmentation is the stratification of funding sources. The shares held before marriage and their natural appreciation belong to the individual, and the portion and proceeds invested with the common property after marriage belong to the common property. For margin financing accounts, both assets and liabilities are considered. Due to frequent stock trading and complicated capital inflow and outflow, it is suggested that the divorce property division should not only rely on account screenshots, but should obtain the complete transaction flow as soon as possible, fix the account status and key transaction nodes before and after the marriage registration date, and apply for court investigation order or property preservation when necessary to ensure that the division scheme is based on a clear source of funds.