How can the husband and wife divorce from the media account attributable to the argument?

With the development and economic benefits of self -media such as fast hands and Douyin, the division of virtual property has also become the focus of the attention of both husband and wife in the divorce case.

Recently, a divorce dispute accepted by the People's Court of Linxiang City involved the ownership and value segmentation of the live sale of the live -sale carburning of the live -streaming of the husband and wife.

Introduction to the case

In October 2014, the post -90s woman A Juan (a pseudonym) married A Tao (pseudonym) and had a son after marriage.

Due to the breakdown of the husband and wife, in March 2022, A Juan sued the Linxiang Court to divorce and demanded that the husband and wife's common property was divided.

In the joint property of the husband and wife, in addition to a commercial house that is being paid by the mortgage, the husband and wife jointly operate a Douyin for live broadcasting fishing gear, and there are more than 100,000 fans.

Douyin account operated by the two

During the trial of the case, there were differences in the division of the shaking numbers and the income of the operation brought by the husband and wife.

The undertaking judge believes that during the existence of the relationship between the husband and wife, the income generated by the operating jitter belongs to the common property between the husband and wife, and the divorce can be divided. At the same time, it is believed that the Douyin used for commercial operations has commercial value and property attributes when there is a certain number of fans; Use it as an ordinary property to divide.

After the judge's interpretation, Ajuan and A Tao reached a mediation agreement on the partial part of the property:

The mortgage payment of the commercial house is given a child, and the remaining mortgage loan of the house is repaid by A Tao; the Douyin is used and operated by A Tao. The debt of the externally owed deposit was also repaid by A Tao; A Tao paid Ajuan's compensation of 300,000 yuan to Ajuan's common property. The payment part gives up the proposition.

Judge

Article 127 of the Civil Code stipulates that the protection of data and network virtual property in the law shall be stipulated in accordance with its provisions. The provision announced the protection of online virtual property. The legitimately operated Douyin account is belonging to the network virtual property and is protected by law. Douyin accounts registered and operated during the existence of the marriage relationship between the husband and wife are the common property of the husband and wife. Douyin, which is used for business, has a certain business value, attributes of quasi -property rights, and certain value when there is a certain number of fans. Therefore, it can be divided as property.

However, because the operation of the Douyin is closely related to the registor, it has certain personal attributes. At the same time, the stability of the value of such network virtual property is poor, and how to determine its economic value has no relevant regulations. Therefore, the virtual property such as the network virtual property such as Douyin account cannot be simply divided as ordinary property, and various factors should be considered. The couple reached a mediation under the auspices of the court to protect the legitimate rights and interests of all parties.

Source: Linxiang People's Court

Author: He Lunming, Sun Bailing

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