The husband and wife's contribution to the company in the name of one party shall be handled in accordance with the relevant provisions of the Interpretation of the Marriage Law of the People's Republic of China (II).
The division of the property of the "husband wife company", where only the husband and wife are shareholders, should be based on the Marriage Law and strictly in accordance with the relevant provisions of the Company Law. Whether it is the personal property of one party before marriage or the joint property after marriage that is used to invest in the establishment of the company, during the duration of the marriage relationship, unless otherwise agreed, the income generated from the company's operation shall belong to the joint property of the husband and wife.
When dealing with the property division of "husband wife company", the following principles should be followed:
1. If both husband and wife have the ability to operate and are willing to continue to operate jointly, they can directly split the company's equity according to the provisions of the Marriage Law on the disposal of husband and wife's property
2. Both husband and wife require the dissolution of the company for liquidation. After liquidation, the remaining property of the company can be divided according to the provisions of the Marriage Law.
3. If one spouse requests to retain the company, and the other spouse requests to withdraw from the company and obtain corresponding compensation, it can be solved by transferring part of the equity to a third person, which can not only realize the compensation of the withdrawing party, but also enable the company to continue to exist. If no third person is willing to accept part of the equity, one party can also pay the other party the corresponding compensation to withdraw from the company according to the special provisions of the Company Law of one person limited liability company, and change the limited liability company into one person limited liability company according to law
4. If both husband and wife require to operate the company independently, they can decide the business subject by bidding and compensate the other party accordingly.
