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Topic: Proof of the ownership of BitCoins during a Divorce (Read 532 times)

member
Activity: 952
Merit: 27


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.
The wife should be wiser she should create her own wallet and the husband should send parts or shares, the wife should not let her husband keep the key, so many things can happen if only one own the private key, or both are sharing the same wallet, sine this is a divorce issue they should make an agreement to divide the coins.
hero member
Activity: 2730
Merit: 632
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.
Its already been a month since OP did make this post and never came back, maybe she already settled the problem and do able to get some answers on someone who do really have the knowledge in talks of legal matters.When it comes to possesions in life when you are married then its normal for it to be conjugal property on where you both husband and wife would really have the rights into those things that you had equally.The question here is that theyre both do know the keys of that wallet which do holds the bitcoin but the question is
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.
legendary
Activity: 3346
Merit: 3125
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.
legendary
Activity: 1932
Merit: 4602
Buy on Amazon with Crypto
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.
hero member
Activity: 2926
Merit: 567
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!



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.
full member
Activity: 2324
Merit: 175
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!



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.
hero member
Activity: 3024
Merit: 680
★Bitvest.io★ Play Plinko or Invest!
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?
legendary
Activity: 2128
Merit: 1775
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.

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.
hero member
Activity: 3010
Merit: 794
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.
legendary
Activity: 2086
Merit: 1321
Bitcoin needs you!
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 !
full member
Activity: 1638
Merit: 122
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  .
hero member
Activity: 1806
Merit: 672
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.
legendary
Activity: 2422
Merit: 1451
Leading Crypto Sports Betting & Casino Platform
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.
legendary
Activity: 2492
Merit: 1232
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.
hero member
Activity: 2366
Merit: 793
Bitcoin = Financial freedom
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.
legendary
Activity: 3416
Merit: 1225
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.
hero member
Activity: 1806
Merit: 672
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.
hero member
Activity: 2856
Merit: 667
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.
hero member
Activity: 2730
Merit: 632
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 crypto
but 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.
legendary
Activity: 2814
Merit: 1192
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.)

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.
legendary
Activity: 3542
Merit: 1965
Leading Crypto Sports Betting & Casino Platform
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.)
full member
Activity: 1484
Merit: 136
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I think this is a hard situation and must be doing in a legal way it's better to ask your lawyer because this is both properties of yours and I think the court must need to have the decision on this amount of cryptocurrency you are holding both. If you have both access to the wallet you just need to make sure this is a legal process but if you only have is the tracker about your address and wallet I think you cannot get those funds because you only have the Read property or just a preview.

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!



You need to gather information or concrete evidence about the crypto wealth of your husband. Better if you know the crypto wallet of your husband with the private key and password then you can ask help to your lawyer if how you can have part to that crypto wealth of your husband. Or,talk to your husband first about that and if he give you half much better without any hassle.
You know it was a very difficult situation because i don't think if the court will honor digital cryptocurrency as part of your conjugal rights/properties.

If she will take a different move and trying to force to take those coins without any permission to his husband there is a chance of filing a case because those are shared property must be  process into the legal way.
legendary
Activity: 2814
Merit: 1192
I agree with something mentioned a few posts above, that you should show your expenses, not only the wallet status on a tracking app. Were coins bought from your account? Were they bought using a shared account? Were they earned or maybe inherited. The court has to take all of it into consideration because if you find no proof that they were bought during marriage and your husband finds someone to testify that the coins were inherited by him you're going to have a hard time. Also, there's probably nothing that would stop your husband from buying a coin like Monero using a proxy (friend, family member) and lying in court than he never had any cryptocurrencies and the tracking app is showing some random address that was never his.
member
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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!



You need to gather information or concrete evidence about the crypto wealth of your husband. Better if you know the crypto wallet of your husband with the private key and password then you can ask help to your lawyer if how you can have part to that crypto wealth of your husband. Or,talk to your husband first about that and if he give you half much better without any hassle.
You know it was a very difficult situation because i don't think if the court will honor digital cryptocurrency as part of your conjugal rights/properties.
hero member
Activity: 1330
Merit: 569
This would be difficult to prove because even if you have access to the wallet, its another for the court to accept it as money because doing that would mean the judge setting precedents which most times, lower court judges usually avoid for the fear of being overturned by higher judge which usually put a dent on their own career. The way out of this that I see is

1. During meetings, it should be mentioned and mutual settlement should be encouraged to favor both parties.

2. If the above should fail, then the alternative is to prove to court the exit of the funds from the bank account as this will show that he is investing them in a sustainable business for the benefit of the entire family.
legendary
Activity: 3234
Merit: 5637
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My husband and I are separated and going through a divorce.

If you know how much money is involved (total invested) then it would be better for your husband to sell half of the crypto and give you the part of the money that legally belongs to you after the divorce. Why solve it through the courts and wait for some verdicts if you can agree as mature and normal people that everyone gets their share.

On the other hand, if he doesn't want to cooperate, it will be difficult for you to prove that the money was invested in crypto at all - unless you have information about where the crypto was bought and if there is a trace of money.
sr. member
Activity: 1372
Merit: 322
First of all, you made a great mistake by not having access to the fund. For your info, there is option for a multisignature wallet where both party (you and your husband) would be equally rightful to use the fund.
Do you know where your husband stored the crypto? Try to get his wallet and take a screenshot or record a video. Having access to portfolio mean nothing as said above. No one will buy that story.
hero member
Activity: 1498
Merit: 711
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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.

Any help is greatly appreciated!

This issue can only be settled if you have any evidence to verified the account which is attacked to your prove.
Shall the issue is technical matter.
sr. member
Activity: 1932
Merit: 300
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Portfolio on a tracker means nothing. You should first find out where he puts the coins. If it's some exchange or online wallet like coinbase, you can claim that to court and if convinced, the judge can ask for that with the respective wallets and exchanges. If he keeps it on an non-web wallet, you would need to find the private keys to claim his possession.
You can also produce bank statements if the coins were bought using bank transfers.
legendary
Activity: 2170
Merit: 1789
I hope your husband didn't lie to you by providing fake portfolio when he has already move it. As others have mentioned, find out the real place where he store the cryptos you guys hold and liquidate it if there's no other way.

Next time make sure to set-up a multi-sig wallet if you plan to use crypto as one of your investment with your spouse to lower the risk.
hero member
Activity: 1358
Merit: 851
You can record a video but to be honest, it doesn't prove anything as you know such data can be recorded by anyone in a crypto tracker. You yourself can create a portfolio $10m in a crypto tracker and that doesn't necessarily ensure that you have such amount of crypto. Do you have access to your husband's exchange account where he used to buy crypto? In that case, you can have some undeniable proof. Otherwise, I guess your proof from crypto tracker is in no way valid.
hero member
Activity: 2702
Merit: 672
I don't request loans~
Trace your funds from when you bought them ( or your husband did ) and possibly present proof of purchase for each transaction. It's rather easy as long as your husband didn't really bring them to mixers to mix them. Plus, you and your husband ain't really arguing about it, so I doubt your husband would do anything about taking the money and running away. Communicate with your lawyers to show said proof and as long as you can trace them back, show a signed message that that's the wallet you owned or something, it should pass through. Be wary of lawyers who do and don't know about crypto though, since finding one that is in the know makes explaining a lot easier

Best of luck to the two of you.
legendary
Activity: 2590
Merit: 3015
Welt Am Draht
Is this an acrimonious divorce or is it only matter of clarifying matters?

Presumably these coins were bought rather than earned or mined in which case there will be a paper trail from the purchases. All exchanges will also give you a download of the trades and which addresses they went to.

That's what's really needed. A screenshot from a website may be helpful but without the rest to go with it it's likely to be meaningless.
legendary
Activity: 2296
Merit: 1014
He has a Portfolio with Alt Tracker, and we both have an access to it.

It seems you are not fighting over it so it will be really simple. Just take screenshot of your crypto assets and even calculate how much it is in FIAT.
If you both agree upon it, done. Judge will have no problem with that.
Crazy hell will broke when couple dont agree on value or dont know how much other half poses of crypto.

Good luck!
legendary
Activity: 3122
Merit: 1398
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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.

Is there any chance to fixed that issue in a peaceful agreement? Without lawyers involved which I think can make things more complicated.

It's a hassle when there's a better solution which is good talks. I just hope you are in good terms.

In a divorce, there are terms on how to split finances. Talk to your husband about how your funds in crypto should be split.
copper member
Activity: 2940
Merit: 4101
Top Crypto Casino
A justice court will never accept a screenshot, you guys are crazy and stop talking this and that about this Alt tracker  Cheesy
In this case, the husband could manipulate the screenshot to show 10 cents in. They won't accept any link too, simply because you can show them any link that are not correct.

@OP
It may vary if you signed a contract or not but the most important thing is where your ex-husband was storing the coins. If it's on an exchange platform or web wallet it will be a lot easier than if he stored everything in his own wallets. I hope for you that you are in good communication with him otherwise it could be a nightmare for ya, lawyers and co. are not so aware about cryptocurrencies and aren't trained to deal with cases like this.

In logic, everything should be liquidated and you should receive your share, or at least receive half of the coins. What could be useful to you right now is trying to know where the coins are located: on a website, on a software,... And what is the quantity owned, as well as the amount your ex-husband has spend in total.
legendary
Activity: 3346
Merit: 3125
You should have evidence of the coins address, that would be the right evidence. But not sure if to prove them you have to provide the private keys.

If your Ex has the privatekeys for sure he already move the coins, so, talk with him about the coins could be the right solution.
hero member
Activity: 1890
Merit: 831
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!




See the thing is as long as the wallet has the KYC registered in the husband's name there is no proof that the Bitcoins are yours too , therefore you have to first talk it out then see what you can do.

Since he controls the Bitcoins, there is no way that you can legally control any argument in the front of the court and then again if you are getting a divorce then there will be settlement of course.

There is one important that I would like to tell you :
There is a reason why cryptocurrencies eleminated the Middle man , things like these always clears out how you should own your own money , the concept of decentralization is really good and powerful if used correctly.

My condolences on the matter , I do hope , you can get the history of the transaction from his bank account where you did transfer him money 💰 or something like that .

Best of luck , I hope you have a good life and supporting family.
legendary
Activity: 3164
Merit: 1127
Leading Crypto Sports Betting & Casino Platform
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
member
Activity: 140
Merit: 56
Okay, I signed up for AltTracker and it's as I suspected. They ask you to fill in information like the price you paid per unit of crypto (in USD), the quantity of crypto, etc. Your husband could have entered any number in the quantity field, it doesn't necessarily mean you have that much crypto.

I stand by what I said above, look through all the exchanges you guys used, look at all your cryptocurrency wallets, etc. Using AltTracker as a legal document would be like showing the default stocks app on your iPhone, the lawyers/accountants will probably want to see real trading accounts or actual funds that you own.

As a proof of concept, I said I own 22 million btc (more than there will ever be) and I bought them for $1 USD each, obviously this isn't possible but the app says it's fine.

https://alttracker.herokuapp.com/portfolio/441
member
Activity: 140
Merit: 56
Seems like something you should go over with your lawyer or accountant.

I don't have an account with AltTracker, and I've never used it so I'm mostly just going on what I see on the website, but it looks like AltTracker only tells you the value of your portfolio. I don't think you can actually store any cryptocurrency with them, and unless they know your crypto addresses, i.e they know exactly how much of each cryptocurrency you own, the value of the portfolio might not be accurate.

So basically, if AltTracker 'knows' how much bitcoin you have because your husband said he has 3 btc, that's not exactly definitive proof that he has 3 btc. Definitive proof would be him having access to a custodial account that contains 3btc, or him having access to private keys that can spend 3btc.

My advice is to find out and write down exactly how much of each cryptocurrency you/your husband own by referring to your wallet application, or any exchanges that you or your husband used to trade crypto.
hero member
Activity: 2184
Merit: 531
From what I know the court will accept all types of proof.

If your portfolio is something like this https://alttracker.herokuapp.com/portfolio/419 you can take a screenshot and provide a link to allow them to access the tracker.

You can even record a video of you opening the program and accessing your account.

If the evidence is admitted the value of cryptocurrencies will be added to your marital properties.
newbie
Activity: 1
Merit: 0
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!

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