In practice, many people invest anonymously due to various factors. If the "actual investor" of the man's mother's equity is the man himself, and the spouse wants to safeguard his legitimate rights and interests, the difficulty lies in proof. Generally speaking, it is the key to prove that the man really contributed to the equity held by his mother. Whether he enjoyed the dividend of this part of the equity and exercised the corresponding shareholder rights is a fact to be proved. It is recommended to collect relevant agreements, proof of capital contribution, articles of association, bank flow, industrial and commercial registration materials and other evidence, so that your litigation request can be supported by the court.
If we can confirm that the fact of "agency holding" exists and the agency holding is valid, we will analyze whether the investment share comes from pre-marital property or post-marital property division:
For example, the man invests in shares with personal property before marriage (including monetary investment and intellectual property investment, etc.). ), the company's equity obtained in this way belongs to the transformation form of premarital property and belongs to him personally, so it is difficult for the spouse to ask for the division of the company's equity; However, the operating income generated by the equity after marriage usually belongs to the joint property of husband and wife, and the spouse has the right to demand division.
If the man invests in shares with the property after marriage, the equity and value-added income of the company belong to the joint property of husband and wife. At the time of divorce, one spouse has the right to demand division, which is generally distributed according to the market price or quantity ratio, usually equally.
Reference law:
Article 1062 of the Civil Code of People's Republic of China (PRC) * * * The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both 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;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.