[Direct answer]In the Beijing area, this needs to be judged based on the registration time and operational investment. The self-media accounts and their income operated with joint property and joint labor after marriage are classified as marital joint property according to Article 1062 of the Civil Code of the People's Republic of China; Article 127 of the Civil Code stipulates that data and online virtual property are protected by law. Due to the involvement of personal attributes and platform rules, the accounts are usually not directly split, but one party continues to operate them and pays the other party a depreciation compensation, or the realized income is divided proportionally. If the account was registered before marriage and operated independently by an individual after marriage, the account itself may be identified as personal property, but the income generated by joint investment after marriage may still be classified as marital joint property.

I. Problem background and typical scenarios

Live streaming, short videos, and graphic self-media have become the main sources of income for many families, with account values often reaching hundreds of thousands of yuan or even higher. During a divorce, one party may claim that "the account is registered under my real name, and the fans recognize me, so it should belong to me," while the other party may argue that "we worked together on the selection of topics, filming, editing, and business, so the income should be divided." Due to the difficulty of quantifying the value of the account and the platform's restrictions on changing the account owner, such disputes have become a new challenge in the division of marital assets during a divorce.

II. Key points of contention

First, is the account itself a property or a personal right, and can it be divided? Second, how should the account's income and value be handled differently? Third, how should the contributions of both parties to the account's operation be determined? Fourth, how should the platform's rules be adapted when changing the account's owner? Fifth, how should outstanding payments such as advertising contracts and commissions for live-stream sales involving the account be settled?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a divorce property division case: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both were foreign nationals who had lived in Beijing for a long time. Their marriage broke down due to the man's infidelity. After reaching an agreement on the ownership of the property, the couple could not divorce through the civil affairs department because they were both foreign nationals. Therefore, they entrusted our lawyers to dissolve the marriage and confirm the property division through litigation. The lawyers confirmed the court's jurisdiction, comprehensively sorted out the property under the names of both parties, including real estate, deposits, financial investments, and insurance, and proposed a solution that each party would keep the property under their own name. During the court mediation, they helped the parties sign a mediation agreement, ensuring that the property arrangements gained legal effect. The methodology of this case can be applied to self-media accounts: First, clarify the source and acquisition time of the property. The value formed by joint investment after marriage belongs to the couple's common property. Second, the account has personal attributes, and platforms usually do not allow random changes to the real-name subject, so it is more appropriate to adopt the method of "one party continuing to operate and compensating the other party in cash". Third, the division of income should distinguish between settled and unsettled parts. Receivables such as advertising contracts and live-streaming commissions should be settled together. Fourth, if the account was registered before marriage and operated independently by one party after marriage, the account itself tends to be identified as personal property, but the income corresponding to the joint investment after marriage should still be divided according to the contributions. When handling such cases in Beijing, the court often evaluates the account registration and certification information, operational division, and income flow comprehensively. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, preserve the account registration information, real-name authentication, operational division of labor, and income records; Second, if there is a dispute over the value of the account, negotiate a price or commission an appraisal; Third, make a written agreement on the ownership of the account and the compensation method, and clarify the subsequent income distribution; Fourth, check the advertising contracts, commissions, and platform arrears. For matters involving the division of marital property, you can refer to the relevant legal provisions.Divorce litigation and family disputesFor cases involving corporate accounts and intellectual property rights, you may refer to the following guidelines for reference.Intellectual property protection and corporate lawLegal basis: Articles 127, 1062, and 1087 of the Civil Code of the People's Republic of China (all effective from 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 (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the account's income belongs to joint property, and it's hard for the real-name owner to keep it all to himself. Secondly, the account has strong personal attributes, and compensatory division is more feasible than forced transfer of ownership. Thirdly, don't forget about unpaid advertisements and commissions. A comprehensive liquidation is necessary. Fourthly, it's advisable to conduct a valuation as early as possible to avoid difficulties in providing evidence after the account's value depreciates. For cases involving self-media accounts and the division of marital property in divorce, it's recommended to handle them through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of intellectual property and goodwill rightsIntellectual property protection and corporate lawFor plates involving operational debts, you can refer to the following for referenceCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, you can seek advice from the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: The account is registered under my real name. Can I not divide the assets with my ex-spouse in a divorce?

This cannot be generalized. If the account is jointly operated and the profits are jointly owned after marriage, even if it is registered under your real name, the other party can still claim compensation for the depreciation or a share of the profits. If the account was registered and operated independently before marriage, the account itself is likely to belong to the individual.

Q2: What evidence is needed?

The account registration and authentication information, the chat or division of labor records of both parties involved in the operation, the income and withdrawal records, the advertising and e-commerce contracts, and the proofs of equipment and promotion investments. The evidence is used to prove the scale of joint investment and income.

Q3: How is the value of an account calculated?

The tangible part shall be accounted for according to the account balance and the commission receivable, and the intangible part (fans, goodwill) may be negotiated or evaluated for pricing. For those that cannot be evaluated, the historical earnings and growth trends can be used as a reference for division.

Q4: How long does it take to split an account?

For cases handled together with divorce litigation, the first-instance trial will take three to six months; those involving appraisal or platform cooperation may be extended. Where the parties reach a consensus, the ownership and compensation plans can be quickly finalized through mediation.

Q5: I want to continue running this account. What should I do?

You can claim that you will continue to operate the account, pay the other party a discounted compensation or a share of the profits, and make a written agreement on the ownership of the account, the subsequent distribution of profits, and the settlement of debts. It is recommended to evaluate the value and design a compensation plan with the assistance of a lawyer.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers 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 to avoid missing the statutory time limits. →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 a dispute arises, please consult a practicing lawyer in a timely manner.