[Direct answer]In the Beijing area, online stores and their operating profits are considered marital joint property and can be legally divided. Article 1062 of the Civil Code of the People's Republic of China lists production and operating profits as joint property; online stores, as operational property and virtual property, are also included in the scope of division. There are three common methods: negotiating for one party to continue operating and paying the other party a depreciation compensation, dividing the store's sale price after transferring it, or distributing the operating profits proportionally. Intangible values such as store accounts, fans, and customer resources should be determined through evaluation or negotiation. When dividing the property, it is necessary to handle inventory, unpaid debts, platform debts, and trademark ownership at the same time to avoid leaving behind disputes.
1. Problem background and typical scenarios
When a couple jointly operates an online store, a live-streaming account, or a WeChat business, the income can be considerable, but the asset form is special: there are no physical factories, and the value is concentrated in the account, fans, supply chain, and business reputation. During the divorce, one party claims that "the store was registered under my real name and should belong to me", while the other party claims that "we purchased the goods together, packaged them together, and broadcasted together, so the income must be divided". Due to the lack of clear legal provisions to list this, the two parties often have differing opinions on how to divide the assets.
II. Key points of contention
Firstly, whether the online store account can be directly divided and how to transfer ownership. Secondly, the scope of definition of operating income, inventory, and accounts receivable. Thirdly, how to evaluate the intangible value of the store. Fourthly, whether the store operated under one party's name constitutes joint property. Fifthly, the platform's rules regarding the handling of subject changes during the transfer process.
III. Professional analysis by Henglue Law Firm
Henglue Law Firm once handled a divorce property division case: The plaintiff, Wang *sheng, and the defendant, Zhang *hua, got married in 2006. In 2025, Zhang *hua first sued for divorce but was not supported. Later, Wang *sheng discovered that Zhang *hua had been having an affair and sued again, claiming to divide the marital property and determine the custody of their children. The lawyer sorted out the evidence of the divorce judgment and the affair, checked the property items such as real estate, vehicles, machinery and equipment, and insurance one by one, and proposed a division scheme that favored the innocent party. The court found that Zhang *hua had committed major faults and ruled that the house and vehicles should be awarded to the plaintiff, the equipment should be divided proportionally, and the future loans from parents should be recognized as joint debts. The methodology of this case is also applicable to online shops: first, clarify the scope of property and the time of acquisition, then determine the division ratio and method. Specifically: First, the online shop operated with marital property and the income therefrom belong to marital property, and the ownership registered under whose name does not change its nature; Second, the value of the shop includes tangible parts (inventory, equipment, account balance) and intangible parts (account level, fans, customers and goodwill), the latter of which can be appraised through negotiation or professional evaluation; Third, if the platform rules allow the change of the main body, one party can acquire the shop and pay a discount; if not allowed, solutions such as continuing to operate by one party, making installment payments to the other party, or sharing profits can be adopted; Fourth, inventory, unpaid debts and platform arrears should be settled together, and the ownership of intellectual property such as trademarks and patents should also be clarified. 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 suggestions: First, save the store's back-end operating data, transaction records, and proof of purchases and promotions to determine a fixed income range; Second, if there are disputes over the store's value, apply for an appraisal or negotiate a price; Third, make a written agreement regarding the ownership of the account and the plan for continued operation; Fourth, handle inventory, debts, and intellectual property simultaneously. For cases involving the division of marital assets, you can refer to the relevant legal provisions.Divorce litigation and family disputesFor matters involving corporate operations and intellectual property rights, you may refer to the following for reference:Intellectual property protection and corporate lawLegal basis: Articles 1062 and 1087 of the Civil Code of the People's Republic of China (both in effect since January 1, 2021), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (in effect since January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Advice
Firstly, the income from the online store belongs to joint property, and the claim that the real-name registrant monopolizes it is hard to justify. Secondly, the intangible value of the online store is easily underestimated, so it's necessary to start the valuation or negotiation as soon as possible. Thirdly, whether the account can be transferred depends on the platform's rules, so the solution design should be pragmatic. Fourthly, the inventory and debts should be dealt with together to avoid the situation of "dividing the money but not the debts". For cases involving the division of the online store and operational assets, it can be handled through legal procedures.Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of business operations and intellectual property protectionIntellectual property protection and corporate lawFor plates involving the settlement of creditor's rights and debt, you can refer to the following for referenceCreditor's rights and debts, and enforcementFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.
VI. Frequently Asked Questions
Q1: The online store is registered under my name. Can my spouse share in the profits from it?
Yes. After marriage, the shops and profits invested in the operation with joint property belong to joint property, and the registration name does not affect their nature. Spouses can claim to divide the operating profits or the discounted value of the shops, and apply for an evaluation if necessary.
Q2: What evidence is needed?
The back-end operations of the store, including order data, income and expenditure records, purchase and promotion receipts, platform settlement records, and chat or division of labor records involving both parties in the operation. These materials are used to determine the scope of profits and the contribution ratio.
Q3: How is the value of a store calculated?
The tangible assets shall be accounted for according to inventory, equipment, and account balances, while the intangible assets (accounts, fans, goodwill) may be negotiated or appraised by an evaluation agency. For those that cannot be evaluated, the historical earnings can be used as a reference for valuation.
Q4: How long does it take to split an online store?
For cases handled together with divorce litigation, the first-instance trial lasts three to six months; those involving appraisal or platform cooperation will be extended. If a solution can be agreed upon through negotiation, it can be finalized quickly during the mediation process.
Q5: I want to continue running the business. How should I negotiate this with them?
You can claim that the shop is transferred to you, pay a discount or installment compensation to the other party, and make a written agreement on inventory, debts, and account changes. It is recommended to evaluate the value and design an enforceable compensation plan with the assistance of a lawyer.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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 publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.