The guy could easily say the coins got hacked and avoid paying the part to the wife, maybe in the legal way both are the owners of the coins, but in a logical way, the one who has the private keys is the only one who can spend those coins.
Topic: Proof of the ownership of BitCoins during a Divorce (Read 532 times)
The guy could easily say the coins got hacked and avoid paying the part to the wife, maybe in the legal way both are the owners of the coins, but in a logical way, the one who has the private keys is the only one who can spend those coins.
Really interesting discussion , I’ve been watching this thread closely. This is something a lot of people will be thinking about. I really do hope the OP comes back to look at her post as she hasn’t been back on the forum since starting the thread - 4 days now !
Same here, i like to keep an eye on this one to see how it goes.
We must remember one fundamental law on this scenario:
Quote
Not your keys, not your coins.
The guy could easily say the coins got hacked and avoid paying the part to the wife, maybe in the legal way both are the owners of the coins, but in a logical way, the one who has the private keys is the only one who can spend those coins.
would either one of them would withdraw it out into other wallet and just say that it had been stolen? It doesnt need any legal permission to move those coins yet as long you do have
the keys then you can move it as you liked to.
Really interesting discussion , I’ve been watching this thread closely. This is something a lot of people will be thinking about. I really do hope the OP comes back to look at her post as she hasn’t been back on the forum since starting the thread - 4 days now !
Same here, i like to keep an eye on this one to see how it goes.
We must remember one fundamental law on this scenario:
Quote
Not your keys, not your coins.
The guy could easily say the coins got hacked and avoid paying the part to the wife, maybe in the legal way both are the owners of the coins, but in a logical way, the one who has the private keys is the only one who can spend those coins.
I don't know what country you live in, but in Russia everything is done very simply. You find witnesses who have heard that your spouse has invested family money in cryptocurrencies and on this basis the lawyer demands additional checks.
But I have not yet met such cases in practice.
The portfolio itself proves nothing and does not contain wallet addresses.
But I have not yet met such cases in practice.
The portfolio itself proves nothing and does not contain wallet addresses.
My husband and I are separated and going through a divorce. He put the most of our money into Bitcoins and other small cryptocurrency. He has a Portfolio with Alt Tracker, and we both have an access to it.
How to provide a copy of his (ours) portfolio for a legal matter?
It is very important to the future of our 4 children and myself.
Any help is greatly appreciated!
How to provide a copy of his (ours) portfolio for a legal matter?
It is very important to the future of our 4 children and myself.
Any help is greatly appreciated!
You know this is very tricky and your husband is a wise or a cunning man, if he had money in the bank you just go to a court and ask the bank for a statement and the bank will be obliged to give you one, but if your husband used a ledger or a wallet to stock his coin there is no way you can obtain a court order to open a wallet because he will just deny it, there is no company to deal with it's on USB that he can hide.
My husband and I are separated and going through a divorce. He put the most of our money into Bitcoins and other small cryptocurrency. He has a Portfolio with Alt Tracker, and we both have an access to it.
How to provide a copy of his (ours) portfolio for a legal matter?
It is very important to the future of our 4 children and myself.
Any help is greatly appreciated!
How to provide a copy of his (ours) portfolio for a legal matter?
It is very important to the future of our 4 children and myself.
Any help is greatly appreciated!
Get a certified Crypto experts that you can trust and with license that can track all your husband coins in his portfolio, it's better that you both decide to liquidate it and divide between the two of you and just buy back these coins or after tracing make your husband send you shares to you wallets, it's hard to go to court it should be settled amicably between you and your husband.
IMO.
You don't have to go through this in court as it will consume time and money for both of you. Why not settle it and talk with each other and get your portion equally once you have sold all of your holdings or agreed to sell some and hold some?
You don't have to go through this in court as it will consume time and money for both of you. Why not settle it and talk with each other and get your portion equally once you have sold all of your holdings or agreed to sell some and hold some?
How to provide a copy of his (ours) portfolio for a legal matter?
It is very important to the future of our 4 children and myself.
if you have a portfolio/document as you say, some of your assets are in Bitcoin.It is very important to the future of our 4 children and myself.
Concerned previously, what happened to the 'divorce' of your family.
I can only advise you to prepare in court or before the law / judge.
• The description of the portfolio / asset makes it easier for the law to accept the information you convey, meaning that it can be accepted by the judge, because Bitcoin is a digital currency, not real, not the same as gold or land.
• Documents of all deposit/withdrawal transactions or bio data that you need to show to the judge, personally to be attached to the court, which is that Bitcoin assets belong to both of you, not to one person/assets that were collected by both of you before the divorce.
With such submissions as valid evidence, the judge will decide that the asset will be handed over to you and your child.
Really interesting discussion , I’ve been watching this thread closely. This is something a lot of people will be thinking about. I really do hope the OP comes back to look at her post as she hasn’t been back on the forum since starting the thread - 4 days now !
Maybe she forgotten to logged in back and check on communities feedback regarding into here problem or it seems that she had already heard up some good advise from a lawyer locally because in this kind of case which would really be in legal matter on where people who do work on this field will most likely had the best solution.
When you do get married then all properties will really be conjugal which means both husband and wife would own all of the properties or belongings.So they do have the full rights and when it comes on divorce
then we dont have much idea on what would be the arrangement on this one.
Ownership will be considered still on both since they do both possess the keys.The problem here is that if one of them will steal those coins from main wallet.
Really interesting discussion , I’ve been watching this thread closely. This is something a lot of people will be thinking about. I really do hope the OP comes back to look at her post as she hasn’t been back on the forum since starting the thread - 4 days now !
honestly it will be very complicated if you want to deal with things this way, the best option would be for you two to enter into an agreement and sell all the cryptocurrencies you have and then share the money. If you later want to invest in cryptocurrencies you can buy with your money, that way you will be able to deal with this problem and your children can also benefit
I think this is the easiest option liquidate both of your Cryptocurrencies the real amount of money will show up once you both liquidate, then you can divide between the two of you and if you want to buy back then you can go on your own but it must be done in a timely manner because the market as we all know is very volatile. this is hard , what if the other party wont agree to sell the crypto ? thats why her wife is here asking for any possibilities of dividing the funds without needing to sell them .
this can be done with the help of a lawyer . whether the thing is valueable or not , both parties have the rights to divide them or to claim them if they own it .
It depends on your country if you country doesn't regulate crypto currencies then it is hard to report it as a form of asset but it can be done in some form if you both got mutual understanding about dividing the assets you had.Better contact a legal advisor to get the appropriate results.
It's a divorce we are talking about so definitely a lawyer will be involved the main problem they'll be facing here is if her husband will be not cooperative when it comes to disclosing his earnings in the crypto market that's why I gave her an idea that she can request the trading history of his husband from the exchange so that he knows the total value of his holdings.
If you have access to the wallet, you could sign a message with the address.
Here's a tutorial. Might be a little out of date but you could also respond there to ask questions. Potentially make a new thread too.
To sign a message from an address with the coins implies that you have access to the private key, which implies full control of the coins in it in terms of cryptography. This means that whoever put the keys in the address, even it it was a joint agreement, had essentially given you permission to hold the coins. And the signing of the message proves whatever you write in it in a verifiable manner permanently.
Well, if things are otherwise however, I'd say keep a track of all transactions just in case. But better come into an out of court settlement and hold your part securely with your own private keys. Stetting a precedent on such complicated and nuanced matters wouldn't be easy IMO so you should try to solve it through dialogue. Good luck.
Here's a tutorial. Might be a little out of date but you could also respond there to ask questions. Potentially make a new thread too.
To sign a message from an address with the coins implies that you have access to the private key, which implies full control of the coins in it in terms of cryptography. This means that whoever put the keys in the address, even it it was a joint agreement, had essentially given you permission to hold the coins. And the signing of the message proves whatever you write in it in a verifiable manner permanently.
Well, if things are otherwise however, I'd say keep a track of all transactions just in case. But better come into an out of court settlement and hold your part securely with your own private keys. Stetting a precedent on such complicated and nuanced matters wouldn't be easy IMO so you should try to solve it through dialogue. Good luck.
IMO, if you will consult a lawyer or accountant it will only give you an additional fee to pay those who could help you in legal services, you two should talk about it and do it in the manner the way you exchange vows. However, if you decided to take half of it, make sure that you have all the information you need in case you want to claim what is rightfully yours. Portfolio, transaction history, Statement of Account, and Certification that you are married is legitimate. Because that belonged to the conjugal properties.
It depends on your country if you country doesn't regulate crypto currencies then it is hard to report it as a form of asset but it can be done in some form if you both got mutual understanding about dividing the assets you had.Better contact a legal advisor to get the appropriate results.
honestly it will be very complicated if you want to deal with things this way, the best option would be for you two to enter into an agreement and sell all the cryptocurrencies you have and then share the money. If you later want to invest in cryptocurrencies you can buy with your money, that way you will be able to deal with this problem and your children can also benefit
I think this is the easiest option liquidate both of your Cryptocurrencies the real amount of money will show up once you both liquidate, then you can divide between the two of you and if you want to buy back then you can go on your own but it must be done in a timely manner because the market as we all know is very volatile.
Asking or contacting the crypto exchange and requesting his trading history as well as his current holdings is doable. They should respond to this as long as you have the proper legal documents proving that you will need the data to split the money with your soon to be ex-husband. If both your husband and the crypto exchange deny your request it would be easy for a judge to provide a subpoena for the exchange forcing them to provide your husband's account history. This would be easy for you to investigate all the address connected to him allowing you to know the true value of what he is holding.
These are called conjugal property if bitcoin is called as property in your country, or whatever you call it but the law itself says that you have to divide equally all you have when you are on divorce. Best way is to consult a lawyer so you'll get the best recommendation, then the technical job will follow.
At least both of you have access on the assets, you would know if this was move or not and only the two of you is responsible if ever it will move.
Life is uncertain but you need to secure the future of your kids, so it's just right to put everything in legal so that money will be divided according to the law.
At least both of you have access on the assets, you would know if this was move or not and only the two of you is responsible if ever it will move.
Life is uncertain but you need to secure the future of your kids, so it's just right to put everything in legal so that money will be divided according to the law.
honestly it will be very complicated if you want to deal with things this way, the best option would be for you two to enter into an agreement and sell all the cryptocurrencies you have and then share the money. If you later want to invest in cryptocurrencies you can buy with your money, that way you will be able to deal with this problem and your children can also benefit
She wont ask things if his husband do agree into that matter this is why he do seek out for possible ways that she can get a part of those money that had been converted to cryptobut since she said that they both have access to it then they should really make an agreement on what you had suggested on where converting all with fiat and make it 50-50
partitioned or depending on what are the laws since the kids will be neither residing to its father or mother will surely get bigger percentage.
Let's step away from the "Let's proof this" for a moment and ask her what type of marriage contract was in place, when they got married. Some contracts stipulate that any spouse can only claim for the things that was accumulated after they got married. Was anything mentioned before the marriage about wealth accumulated before the marriage?
Also consider the fact that your husband might have other coins that are not stored in the service where you have joint access and that you and your children have rights to those coins too. (Difficult to proof, but if he lies about this in court and this come out later, then he can get into big trouble.)
Also consider the fact that your husband might have other coins that are not stored in the service where you have joint access and that you and your children have rights to those coins too. (Difficult to proof, but if he lies about this in court and this come out later, then he can get into big trouble.)
I believe this was answered when OP said that "He put the most of our money into Bitcoins". This means that Bitcoins were bought during marriage.
AFAIK if the decision was done during the course of marriage the profits belong to both of the partners.
I agree though that there's not enough information for us to be able to help and we don't know in which country they live.
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