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Author Topic: Is Bitcoin an independent property?  (Read 841 times)
B-Bit (OP)
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August 07, 2021, 02:03:48 AM
 #1

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?
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August 07, 2021, 02:07:36 AM
 #2

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.
Kiley33
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August 07, 2021, 02:46:43 AM
 #3

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.
Ryder Kudrow
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August 07, 2021, 03:39:29 AM
 #4

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.
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August 07, 2021, 03:49:13 AM
 #5

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.
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August 07, 2021, 03:51:00 AM
 #6

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.

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August 07, 2021, 03:54:38 AM
 #7

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.
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August 07, 2021, 05:03:38 AM
 #8

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.
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August 07, 2021, 05:56:42 AM
 #9

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.

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August 07, 2021, 06:00:45 AM
 #10

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
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August 07, 2021, 06:04:37 AM
 #11

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.
Mikayla Buckley
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August 07, 2021, 06:06:30 AM
 #12

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.
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August 07, 2021, 06:12:30 AM
 #13

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?
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August 07, 2021, 06:53:34 AM
 #14

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  Grin).

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

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Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh.

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

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August 07, 2021, 07:48:48 AM
 #15

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?

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.

R


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August 07, 2021, 07:59:40 AM
 #16

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.

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August 07, 2021, 09:41:51 AM
 #17

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?
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.
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August 07, 2021, 10:05:01 AM
 #18

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.

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August 07, 2021, 12:31:10 PM
 #19

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.
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August 07, 2021, 04:06:15 PM
 #20

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  .

Quote
When I get divorced, do I split up my bitcoins?
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 .
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