With the development and economic benefits of Kwai, Tiktok and other we media, the division of virtual property has also become the focus of attention of both husband and wife in divorce cases. Recently, a divorce dispute accepted by the people's Court of Linxiang city involved the ownership and value division of the live selling Tiktok number operated by both husband and wife.
It was found that Fang and Liao got married in october2014 and had a son after marriage. Due to the breakdown of the couple's relationship, in March 2022, Fang filed for divorce with the Linxiang court, demanding the division of the couple's common property. In the joint property of husband and wife, in addition to a commercial house under mortgage payment, another husband and wife jointly operate a Tiktok number for live selling fishing gear, with more than 100000 fans.
During the trial of the case, the husband and the wife mainly had differences on the division of the benefits brought by the Tiktok number and its operation. The judge in charge held that during the duration of the relationship between husband and wife, the income generated from the operation of Tiktok belongs to the common property between husband and wife, which can be divided in case of divorce. At the same time, it is considered that Tiktok, which is used for commercial operation, has commercial value and property attribute when it has a certain number of fans; However, the operation of Tiktok number is closely related to the registrant and has certain personal attributes. It is not easy to divide it as ordinary property.
After the judge explained the law, Fang and Liao reached a mediation agreement on the division of property. The commercial housing with mortgage payment is jointly donated to the child; Tiktok is used and operated by Mr. Liao. The receivables and current payments for the Tiktok business belong to him. During the marriage period, the debts owed by the two parties due to joint operation are also paid by Mr. Liao; Mr. Liao paid Mr. Fang a joint property compensation of 300000 yuan in installments. During the installment period, the Tiktok was blocked or no longer operated due to force majeure, and Mr. Fang gave up his claim for the remaining unpaid part. The Tiktok number is continuously used and operated by the registrant, Mr. Liao. The payment for goods belongs to him, and the debt is his responsibility. Mr. Liao pays a joint property compensation of 300000 yuan to Mr. Fang by stages.
The judge said: Article 127 of the Civil Code stipulates that if the law has provisions on the protection of data and network virtual property, its provisions shall prevail. This provision declares the protection of network virtual property. Legally operated Tiktok accounts and other virtual properties belong to the network and are protected by law. The Tiktok account number registered and operated by both husband and wife during the duration of the marriage relationship belongs to the joint property of husband and wife. The Tiktok number used for commercial operation has certain commercial value when it has a certain number of fans. It has the attribute of quasi real right and has certain value, so it can be divided as property. However, due to the close relationship between the operation of Tiktok and the registrant, it has certain personal attributes. At the same time, the value stability of such network virtual property is poor, and there are no relevant regulations on how to identify its economic value. Therefore, such network virtual property as Tiktok account can not be simply divided as ordinary property, and various factors should be considered. Under the auspices of the court, the husband and wife reached a mediation, which protected the legitimate rights and interests of all parties.
