[Direct answer]It can be included in the handling of divorce property. Game accounts and equipment belong to online virtual property. Article 127 of the Civil Code of the People's Republic of China stipulates that where the law provides for the protection of data and online virtual property, the provisions of the law shall be followed; the value of accounts and equipment formed by recharging, purchasing, and operating with joint property during the marriage is a divisible property interest. In practice, because accounts have personal attributes and continuous use, courts usually award the accounts to the party who actually registered and used them, and the other party shall compensate them in cash; where the value is difficult to determine, it shall be determined based on the recharge amount, the market transaction price, and the parties' consultation and comprehensive consideration.

I. Problem background and typical scenarios

During the marriage, one party frequently recharged and hired pro players to level up their account, accumulating a large number of rare equipment items with a value ranging from a few thousand to hundreds of thousands of yuan. When the couple divorced, the other party claimed to split the assets, while the first party argued that the account was "for their own use" and had nothing to do with their spouse. Related searches include "Do gaming accounts count as marital property?", "How to divide virtual assets during a divorce?", and "How to prove the value of the equipment?"

II. Key points of contention

First, whether virtual property belongs to the couple's joint property; second, how to determine the ownership of the account and whether the account and the character can be separated; third, how to evaluate and provide evidence of its value; fourth, whether the funds used for recharging come from the couple's joint property or the individual's personal property.

III. Professional analysis by Henglue Lawyers

Firstly, legal positioning. Article 127 of the Civil Code leaves an interface for the protection of data and online virtual property. In judicial practice, it is generally recognized that game accounts and equipment with economic value belong to property interests; those formed by investment of joint property during marriage can be included in the division of marital property. Secondly, ownership and compensation. Accounts are bound to real-name information and social relationships, which have strong personal attributes. Forced division or transfer would damage platform rules and account value. Courts tend to award them to the actual registered users, who then pay compensation to the other party based on the account's net value. Transfer or joint disposal may also be agreed upon by both parties. Thirdly, evidence of value. Value is the greatest challenge: it can be referenced from recharge records, platform transaction records, transaction prices of similar accounts in third-party markets, and both parties' self-acknowledgment of the account's value. When market value cannot be proven, courts often calculate it based on the actual joint recharge amount after deducting reasonable consumption. When handling such cases, Beijing courts generally require the party claiming division to provide preliminary value evidence to avoid unreasonable demands. Fourthly, source distinction. If the account was recharged with pre-marital personal property or registered before marriage without further joint investment, its corresponding value may be recognized as personal property; if it was continuously recharged and operated with joint property such as wages, the corresponding value belongs to joint property. Henglue Law Firm reminds that although account value is small, it is indeed a divisible asset. The key lies in fixing the evidence of recharge, transactions, and sources. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, save the recharge records, in-game screenshots, and transaction receipts; Second, confirm the registration time of the account and the real-name information; Third, distinguish the sources of the recharge funds; Fourth, if no agreement can be reached, clarify the valuation basis and compensation plan in the litigation. Legal basis: Article 127, Article 1062, and Article 1087 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (No. 22 of 2020). For disputes involving online and platform rules, please refer to the relevant provisions.Intellectual property protection and corporate lawServices involving property execution can be integratedCreditor's rights and debts, and enforcement casesHandle it.

5. Henglue Law Firm's Reminder

Three key points about game accounts: virtual assets are also protected, and the value created by joint recharging after marriage can be divided; the account generally belongs to the actual user, who may compensate the other party with a discounted amount; valuation relies on evidence, and recharge records are more reliable than self-reported prices. For a comprehensive solution to divorce property division, please refer to the following link:Divorce litigation and family disputesThe team handles the cases, and if you have any questions about the identification of difficult-to-value assets, please feel free to consult usSpecial servicesIt can be referred to when dealing with virtual property and corporate assets.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Are gaming accounts considered marital joint property?

The account itself has personal attributes, but the value created by replenishing and operating with joint property during the marriage belongs to divisible property interests. Whether to divide it or not depends on the source of the investment and its value, and cannot be generalized.

Q2: Can the account be awarded to the other party?

Generally, the account is awarded to the party who actually registered and used it, as the transfer of the account is subject to the platform's rules due to the binding of the real name and social relationships with the account. The acquiring party shall compensate the other party at a discounted price based on the net value of the account, and the two parties may also handle the matter in another way if they reach an agreement.

Q3: How much is the equipment worth, and how can I prove its value?

It can provide recharge records, transaction records, the transaction price of similar accounts in third-party markets, and the other party's self-recognition of the value, etc. When it is impossible to prove the market value, the court usually deducts the reasonable consumption and converts it according to the total amount of recharge.

Q4: How should the recharge funds for an account registered before marriage be divided after marriage?

The account itself is generally considered personal property, but the increase in value resulting from the replenishment of funds with marital joint property after marriage can be treated as marital joint property. The user who uses the account should compensate the other party based on the amount of the replenishment and its source.

Q5: What should I do if the other party doesn't acknowledge the value of the account?

You can apply to the court for investigation and evidence collection, or commission an appraisal, and submit evidence of recharge and transactions. In serious cases, you can claim that they concealed their assets. If the evidence is insufficient, it may be difficult to obtain support for the requested division of assets.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.