Register name is company law; marital value is family law — you usually need both.
Shares or limited-liability equity obtained during the marriage are often community property in value even when only one spouse is the recorded shareholder. Dividing them collides with Company Law: other shareholders’ consent, right of first refusal, and FIEs/WFOEs may need extra approvals. Courts may award the equity to the recorded spouse and give the other a cash equalisation, or in some cases adjust registration. Valuation fights (book vs deal vs appraisal) are the practical core. City family-business articles stay local colour. Do not DIY a share-transfer as if it were a bank split.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
When was the equity acquired?
Pre-marital vs during.
WhenWhat is the company type?
LLC, joint-stock, WFOE, listed.
TypeWho else is on the cap table?
ROFR and consent.
OthersValue vs transfer?
Cash equalisation vs registration change.
RemedyWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
Can the court force other shareholders to accept my spouse?
Not casually. Company-law consent/ROFR often pushes the remedy toward cash.
Is a WFOE different?
Foreign-investment and SAMR/MOFCOM-style overlays can add steps. Still a marital-value case.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.