Is Bitcoin an independent property? - page 3.

Bitcoin Seller

full member

Activity: 567

Merit: 148

Quote from: B-Bit on August 06, 2021, 09:03:48 PM

If I had some bitcoins before I got married, and used bitcoins to buy houses, cars, etc.
When the price of Bitcoin went up, I sold Bitcoin. Is this my money my own? Or is it shared by husband and wife?
When I get divorced, do I split up my bitcoins?

Everything is regulated by marriage contract. I don’t know if you have such a thing in your country, but in my country newlyweds sign a contract where it is written what belongs to whom and how it must be divided between wife and husband in case of divorce.
If you don’t have a marriage contract, you also can leave all Bitcoin to yourself if nobody proves that you have them

Ozero

full member

Activity: 2142

Merit: 183

Quote from: B-Bit on August 06, 2021, 09:03:48 PM

If I had some bitcoins before I got married, and used bitcoins to buy houses, cars, etc.
When the price of Bitcoin went up, I sold Bitcoin. Is this my money my own? Or is it shared by husband and wife?
When I get divorced, do I split up my bitcoins?

Of course, the answer should depend on the legislation in the place of residence. In my country, only property acquired by spouses in a joint marriage is considered their common property and is subject to division. The property that was before the marriage is considered the property of only that spouse. There are a few exceptions to this general rule, but this all depends on national legislation.

Obito

sr. member

Activity: 1274

Merit: 293

Quote from: ?? on ??

Nobody can answer your question because it depends on the laws where you live.

Assuming that they have divorce their and there's a combination of property of both parties when there's marriage. I think that bitcoin is going to be part of them as a property, remember that as long as there's a proof of ownership then it's considered a property in terms of objects and stuff so I think that bitcoin is going to be the property of both husband and wife.

StanleyBoyle

member

Activity: 93

Merit: 23

What you worry about will control you

It is obvious that if your country's laws allow not to interfere with cryptocurrency assets, your Bitcoin is of course independent, but independence also has disadvantages, because it is not protected by law,
Whoever has the secret word in his pocket owns the assets.

Darker45

legendary

Activity: 2576

Merit: 1860

This is a very complicated topic that a credible family lawyer could only explain. However, family codes or family laws, especially pertaining to properties, highly vary from one country to another. So it is even more difficult to speak of it with the assumption that you are covered under my own country's family law.

Anyway, I guess it is basic in many countries to have what is called pre-nuptial agreement. If both spouses enter into one, it means individual properties acquired before marriage will not become conjugal properties even after marriage. What will fall under conjugal properties are those which are acquired after marriage.

In your part, if you enter into a pre-nuptial agreement, your Bitcoin is solely yours as well as those properties you acquired using your Bitcoins before you get married. In case of a divorce, those properties won't be split.

Outside a pre-nuptial agreement, at least in my local laws, properties owned by both spouses even before marriage would become conjugal properties after marriage is entered into.

Xinarae*

sr. member

Activity: 1414

Merit: 326

It will usually depend on your own if you don't share your bitcoin with anyone they will never find access to it bitcoin is entirely your personal property. If you have faith in your wife you can share everything with her if you suspect a divorce you can keep bitcoin safe in a good place without having to share it with anyone but if you don't believe in love then why did you get married. After marriage everything is shared by husband and wife whatever is done, both have consent.

Ryder Kudrow

jr. member

Activity: 49

Merit: 14

If you own bitcoins before the marriage and have never sold any bitcoins during the marriage, it will still be a separate property.
If you sell it during your marriage and use it to buy things or make money with Bitcoin, you may treat Bitcoin as a common property.

Kiley33

member

Activity: 168

Merit: 19

If you put Bitcoin in a wallet address and declare that it is your private property before marriage, it will still be your asset after the divorce.
If you use Bitcoin to pay for something, then it is a common property.
The best way is to write a prenuptial agreement before marriage, but for your wife, she may suspect that you do not love her.

jackg

copper member

Activity: 2856

Merit: 3071

https://bit.ly/387FXHi lightning theory

This likely depends on where you live but since you've implies it's a country that does an even split, you'd have to split all your assets with the spouse in a divorce (unless you have a prenuptual agreement that states those assets are yours).

Also, this is just doing stuff within the law. Your bitcoins can be forceably taken from you when you exchange them for other items - however if you quickly moved and found a country that didn't care enough to enforce your divorce contract then you might get away with keeping them.

B-Bit

jr. member

Activity: 65

Merit: 5

If I had some bitcoins before I got married, and used bitcoins to buy houses, cars, etc.
When the price of Bitcoin went up, I sold Bitcoin. Is this my money my own? Or is it shared by husband and wife?
When I get divorced, do I split up my bitcoins?

Topic: Is Bitcoin an independent property? - page 3. (Read 915 times)