One spouse has shares in his company. When divorcing, can the other spouse split the shares?

Legal analysis: 1. Both husband and wife hold shares in the company. When a company is established during the marriage, both husband and wife are shareholders of the company and hold a certain percentage of shares. At the time of divorce, both parties can negotiate to handle their respective shares. If negotiation fails, the court shall, in conjunction with the entrusted appraisal institution, make a judgment after evaluating the value of the shares. 2. One spouse holds shares in the company. Husband and wife can negotiate to deal with their respective shares in the company.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.