Zhejiang Nolia Law Firm Song Kaijian.
1. Brief facts of the case:
In January 2021, Mr. Wang purchased a listed company**. In February of the same year, Mr. Wang and Ms. Li registered their marriage. During the marriage, the listed company rose sharply. Now that the relationship between the two parties is not in harmony, Ms. Li filed for divorce and asked for the division of the ** value-added part.
2. Lawyer's analysis:
The appreciation of property is the ** of property. According to the reasons for the occurrence of value-added, it can be divided into two types: natural value-added and active value-added. Natural value-added refers to the value-added because of objective reasons such as market **, etc., and the value-added has nothing to do with the subjective initiative of one or both spouses. The active value-added refers to the value-added caused by the subjective initiative of one or both husband and wife to pay for labor, investment, management, etc., and the value-added has nothing to do with objective reasons.
Specifically, if one party in this case purchased the ** before marriage, whether the other party can request to divide the value-added part. According to the relevant provisions of the Civil Code and the Judicial Interpretation I of the Marriage and Family Chapter of the Civil Code, it can be seen that if the value-added part of ** is a natural value-added, the value-added is also the personal property of one party; On the contrary, if the value-added of ** is a subjective value-added, the value-added is the joint property of the husband and wife, and the other party has the right to request the division of the value-added part. In short, if the ** account has not been touched, it is the personal property of one party, and the other party has no right to claim division; If one or both parties have operated and managed the ** account after marriage, the value-added part shall be regarded as joint property, and the other party has the right to request the division of the value-added part.
3. Legal provisions:
1. Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
2. Interpretation of the Marriage and Family Section of the Civil Code (1).
Article 26: The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.
Part of the content is quoted from the Q&A on Civil Trial Practice compiled by the First Civil Division of the Supreme People's Court