Topic: Is Bitcoin an independent property? (Read 915 times)

 No need to be confused if is your money or not, you labored for it so I'd say "yes" is you money and you have the right to do whatever you feel like doing with it. But if you married and you feel you want to share it then why not share? It only takes that
special someone that you love so much to say "hey, I have this and I'd like to share with you" if not then forget ever saying it to anybody that you have something big. But if you're divorced I feel there's a chance that you might do some splitting on that.

The attitude to the bitcoin system varies considerably from country to country. In many countries, the status has not yet been determined or is changing. In some countries, bitcoin transactions are officially authorized. They are usually treated as a commodity or investment asset and are subject to the relevant legislation for tax purposes. Sometimes bitcoins are recognized as legal tender, while in other countries, such as Japan, bitcoins are legal tender with a tax on their purchase. In other countries (e.g., China), bitcoin transactions are prohibited for banks but allowed for individuals.

In my opinion, digital money is treated as property for tax purposes. Cryptocurrency transactions are taxable. For example, wages paid to employees in Bitcoin are subject to federal income tax and payroll tax.

To start with, Bitcoin is an independent property not like money. Bitcoin can be owned not because it's money, but because it is a property therefore, it's self takes precedence. Property probably can mean variety of things but there are suppositions to it. Independent property is kind of ambiguous, imagine a citizen of a particular nation with sturdy democratic institution but far away from them is a sailor of international waters, void of citizenship. Now imagine they are holding one Bitcoin in a multisig wallet which means they have a collective right to some sort of Bitcoin. If the private key is stolen then it can be reported to the authority, but for the sailor there's no legal construct for his property. Getting such would be difficult if possibly not going to happen.

https://bitcoinmagazine.com/culture/bitcoin-creates-a-new-type-of-property-ownership

With all these I don't think is even proper to let anyone know or have access to your Bitcoin related property. Unless you choose to share it with your spouse as the case may be.

When the property of husband was moveto his wife.So the bitcoin also shared by the husband on shop. And when the moveless property was lead by the father should be given to his son.The husband should share the private to the wallet to his wife.He should say the importance of the bitcoin. And why he brought bitcoin and why he holding for this much years as an asset. Or else, the husband can give the access of private key to wife.

I think a man has to provide for his wife and children. Where he is still the husband. No need to create demarcation because you already made vow to marry and the children from it are your responsibility. I think soon maybe disclosure of property and income before marriage can start, it will be better although bitcoin may be hidden as it is decentralised, ananymous allowing the man to review only that which he want.

In my opinion, it is your own right of ownership because you have owned all of it from before you got married or had a family, but for the problem of dividing the property you have, it all goes back to your own person as long as you don't feel disadvantaged and that can make you happy why no, And if indeed it is part of your responsibility as a husband then do it.

In my opinion, it all depends on the decision you make because the asset you owned before marriage and in this case your ex wife/husband is not entitled to the asset, unless you voluntarily want to share the assets you have with your ex-husband or wife , as far as I know, only assets that we get after marriage that we must share with our ex-husband or wife after divorce, but if you have son of course your children have full rights over all the assets you own and you are obliged to give them as a form of inheritance.

The fact is this: if it was yours before you got married and you can prove it, then it is yours when you get divorced. That's it.

Well, it always belongs to the conjugal properties which mean your partners can anytime claim what's you have.
As everyone has noted, --if you are residing in a place where the law permits interfering with cryptocurrency holdings, it will be surely legally split as husband and wife when you get a divorce. However, if you own bitcoin before you marry and haven't sold it or used it to pay for something during the marriage, I also believe it cannot be declared as common or it is still separate property.

Bitcoin is independent of money and property. If you have bitcoin. It will be your independent money.No one can take it except you share someone if you like to do so. You can use this cryptocurrency for stalking trading, mining, or some other trade you like. But after the divorce who will claim or share is negative thinking .so please be positive and try to keep your thinking positive. You are to share love not some, unlike things.

This is sounding funny . Bitcoin hodling shouldn't stop a man or woman from getting married. So what if bitcoin wasn't existing, won't marriage continue ? It all depends on the luck you have with your spouse, some spouse don't really border on what you have or how you use it. So what about fiat or cash, do you have to border about not disclosing or disclosing how much cash you physically have before getting married ? It all depends on what quality your spouse see in you and your ability to attract fiat, cash or wealth and by extension "bitcoin".

To this matter have we thought of if your wallet was hacked and all the bitcoin is gone or if you send your coin wrongly to another wallet and all is gone. These are all hypothesis that can come in the matter. 

Did I miss something here.......!

What an ironic question, my advice to you, if you have doubts about your wife in distributing Bitcoins for her, don't take that woman as a wife, find a woman who loves you, that can make you happy and love you.

Bitcoin that you get when you are single and you keep it until you have a wife/child, you have the right to share it with them, it is your full responsibility to provide physical and spiritual support for your wife and children.

Conclusion: you have the right to share Bitcoin with your wife and children, it is mandatory, if you object to sharing Bitcoin with your wife, don't get married.

Shared property. If you marry people and we all start to calculate wages and property earned, then we should even go back to childhood and give back what the state earned for you and what your parents earned for you

It's pointless to calculate things like this which is why after a divorce it doesn't matter, you split up so you take 50/50 and then pay alimony if the other person cannot earn. Only prenuptials change this.

I don't see why Bitcoin's legal status should make it any different.

Most likely he had some plans? You wouldnt really be asking out something like this if you wont really be tending in doing so which means that he had really might have some plans on having a divorce.

When making out some decisions on where you had bought things back in the past when you are still married then those things owned by both you and your wife since its conjugal.

When things turns out to be sour and decide some divroce then you can opt in not to declare all of your bitcoin holdings to avoid such
split up. What yah think?

Avoiding divorce is not when the relationship has become violent and life threatening. This could lead to death and you have to alive to have a partner because if death occurs the survival either routine in jail.


I went through op post again and it is not really looking like he is looking for divorce, maybe trying to understand such situation. Except op says what the reason is for his question for better suggestion.

One has to just love how ignorant or at best, naive many folks are...
This is a legal question. Do they honestly think that all countries have the same laws and financial regulations/definitions? Hint: They do not. In the US, what is considered common property in marriage/divorce even varies from state-to-state.

As the OP's questions stands, the only answer that can be given is what other posters have said: It depends on where you live. If you want an accurate answer, at least let us know what country you are asking about...  

This will be according to the rules and regulations in the country where you are living. Is cryptocurrency is legal there or not. If it is cashed through ATM or not. But it is the demand of morality that you should share everything with your life partner after marriage including Bitcoin.
The second is that it is best for you to avoid divorce and try to solve your differences through negotiation. and start a peaceful and happy life.

i actually think OP is already married and wants a divorce. falling out of love too quickly i guess, if you have children is going to be a big problem for him. freedom is hard to get when a person has imprisoned himself.

all i can say is that be honest to her and give her what is rightful. whether you love her or not this time but the law says she has to have something.

You have said a very simple response that I think is reasonable.

OP from your post you wrote like you want to know the situation and if you want to get married you can make the agreement so that your husband will know it but it is not nice to begin thinking of splitting your property when you are not married. However when you think you don't trust your partner, you can put a public will about your bitcoin and your both families know it. In the eyes of law it depends on the law in the land about bitcoin.

Most countries will probably treat it as you and your partner's conjugal property once both of you are legally married. Cars, real estate, and other tangible properties will immediately fall under this category, although when it comes to digital assets like bitcoin and crypto, it will most probably be vague and subject to multiple court proceedings until both parties agree upon a settlement that works for both. Personally, I wouldn't divulge to my partner that I do have digital assets. Not being greedy or anything, but it's better that way and to just be safe as well.

I am trying to figure out the best explanation for your question. Bitcoin is being known as a digital currency or asset. Since bitcoin can be used or acquire as an asset, it can equally be shared whether married or divorced.
In situations whereby your partner knows about your bitcoin(asset), she equally has right over it unless you don't want to disclose it to anyone

Bitcoin indeed is independent, all transactions made are the rights of those of us who own Bitcoin and it should not be until it is known by others for everything that was done before it became a local currency or physical goods.
Unless it's been sold to local currency or bought something after cashing it out as is the case in my country, linked to life or marriage... of course it will become common property once it is tied to marriage.

No its not.. because once you do get married then all of your properties or belongings would be typically a conjugal property between you and your wife which simply means that everything you do own then your wife
does have the right unless if you do make it as a secret before your marriage and your wife hadnt known everything then its possible but be prepared when she caught you on being non loyal in terms of finances
because when you do get married then everything should really be remitted.

When you do get divorced then it would depend on the arrangement or agreement in terms of property halving since both does have the right.

Unlike monetary quality media, like dollars or euros, Bitcoin is inherently irreplaceable and can instead present itself as a digital currency, created and held as electronic . Although still controversial about its real value.

Unless you explicitly had an agreement mentioning it they will be treated as common property in most counties in the world according to laws nowadays.
Besides, it doesn't matter what form that bitcoin stash of yours will take, even if you sold them for money cars or you simply wasted half of them in a casino, the remaining assets will be split in an agreement. The last question is a bit weird if you sold the coins while married that will be considered joint income, just like earning you make during that period, gain, unless you specifically agreed on this before the marriage. But, there is also a but, ff there won't be a mutual agreement split and your wife will go to court over it the final decision can vary a lot, nobody on the forum will be able to guess the results.


Yes, yes, and yes!
But seeing the influx of questions and the understandable reticence at giving details such as the country  I would advise you to seek a lawyer specialized in this in the town next to yours to avoid rumors and have him explained everything according to the laws in your country.


If this is how you're seeing "being smart", then I wonder why would you get married in the first place.


And if your wife and her lawyer find out that you have hidden that from here you might face a perjury charge.

If you only hold Bitcoin and do not share your private key with anyone, then it is yours.

But if you sell it and turn it into another asset and it is legally in your name, then you may have to give a share of it after the divorce.

If you continue to invest in Bitcoin after marriage, does it count as two people investing together?
If two people invest together, it should be the husband and wife who jointly own the real estate, right?
In this case, if I invest in Bitcoin after marriage, then Bitcoin will not be considered as an independent property. Is it right?

If you are smart enough you should hide your real possessions from your wife!! Some countries rule half of everything that the wife owns in the event of divorce, so if your wife knows about the Bitcoin you own, you must give her half, this is really unfortunate!! Here in my country, there is no such law. Fortunately, there is a specific amount that is agreed upon when contracting the marriage, and this is all that the divorced woman gets, in addition to monthly maintenance in some cases.
In my opinion, these laws are unfair. If the husband has to buy the house and the car and pay all the costs of the marriage, then why should he pay half of his property to the wife upon divorce??!!

For me I would say since bitcoin is anonymous and also nobody has access to your wallet which is your private property, it won't be splitted because you own that alone and without exposing your keys  no one can know the value of what you got in your wallet, so since you got that before getting married it belongs to you Buh as the case may be the laws differs, in some countries since you own the bitcoin before getting married it automatically makes it urs alone but I don't know for most countries if it's otherwise.

It definitely depends on the laws of your nation, there are some nations that sees wife as not own anything the husband owns, and hell there are nations where women can't even own a house, unfortunately that is reality in life. However if you get married without a prenup, then when you get married everything a man owns becomes half his wife's as well, but the equality means if wife was rich before they get married, then half becomes husbands as well, that is how equality works.

So, if you marry a women with a lot of bitcoin then it means you will become rich and when you get a divorce then half of those bitcoins becomes yours as well. This is why I think we should focus basically on equality here, either get a prenup if you want to protect your bitcoins, or accept that when a man and woman gets married their things are not owned together.

im not expert with this talks but i think it was yours because you earn all of it before you got married tho it was also up to you if you are going to share all of this things to your wife if you love your wife so much and you feel that she wont cheat on you  .

depending on what it was written in the divorced document the answer can be yes and no but it looks complicated if you measure  all the things that you own in btc when they are already converted .

If it is recorded then yes, there will be a split when you are married.
If not, you die and all the bitcoins will be in your grave without anyone having knowledge about it.
If you try to pass it to one of your children without the knowledge of your wife then it should still be shared, unless you are Richy Rich that your wife won't give a damn about those Bitcoins.
Independent Property? Just like I said, it depends if you listed it in one of your properties for security measures.

If you bought property before marriage, this cannot be considered total capital. Property purchased in marriage is subject to division. But as for bitcoin, it is important who received it. What are the regulations in your country? While married, you exchanged bitcoin for fiat, this is common property. But you are not required to share the bitcoin that is in your wallet. Provided that your spouse did not contribute her money.

I think there is a marriage agreement to compare insurance.
In our way, husband and wife have been married, and property belongs to everyone.
After divorce, property is a common score.
But why are you selling your bitcoin,
If your country recognizes the encrypted currency belongs to private property, you can keep holding or replace other currencies.

No one can give you accurate answers, everyone answers based on their experiences and their interpretation of the nature of the laws in their countries.
In my country there is no concept of money-sharing and what happens is that when you get married, the wife has the right to access part of the money if she dies, otherwise she cannot take your money and you are required to spend on it.

In general, Bitcoin is classified as a commodity in many countries, so research the commodity laws in your country.

It will be treated like any other asset you own and this question is highly dependent on the laws of the country that you live. In most situations, unless there is a valid prenup present, it would be split according to whatever is agreed by both parties. Now, I would not condone it but unless she knows about the Bitcoin or you have somehow declared it, then it is very possible that you could get away with not disclosing it. You would really need to speak to a legal professional in the right jurisdiction to get the answers you seek - don't rely on random strangers advice on an internet message board. Good luck with the outcome anyway, must be a tough time.

Like others have responded that it depends on your country and the reason is because of the marriage law in your jurisdiction. Every jurisdiction have there's , basically marriage of the act which is known in my country as court marriage, it requires that properties are split between the husband and wife. Such marriage usually favours the woman in consideration. So despite that the man acquires all the is inconsequential being that both the husband and wife has become one to the extent that whatever was acquired in the marriage (and we know that the man has the upper acquiring financial power, strength, muscle or resources) is shared within them and including your bitcoin if the woman can identify it (of course you would have disclosed it during the time of marriage and love affair while on bed  ).

And, but generally from the bible, a man and woman is regarded as one. There is a place that , Gen. 2:24


With the above also, your bitcoin should legitimately be considered for two, you and your 

Although it depends on which country you are married in. The main thing is property sharing, so all your things are hers, and vice versa. To be the marriage partner of each other, you must be honest, trust and like each other. I will not hide this with my significant other. Bitcoin is also purchased with investment funds. Shouldn't it be shared by two people?

It depends on your rights in the family buddy.

Bitcoin can be regarded as private property. Bitcoin uses a special cryptography to facilitate its system of storing and transmitting value. It is through this mechanism that your wife cannot obtain them directly.

Formally speaking, property is a legal concept defined and enforced by local sovereignty. The specific implementation situation varies from political system to political system.

Under the laws of my country, it seems that the bitcoins I currently own will still be separate property.
If your country’s laws do not indicate this, you can choose a prenuptial agreement, but you must consider the availability of this agreement. After all, some agreements may not be implemented even if they are written. You can discuss this with a lawyer before getting married.

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

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.

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.

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.

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.

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.

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.

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.

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.

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?