Kek si te divorcias te pueden quitar tus bitcoinsArtículo bajo pared de pago en ft.
https://www.ft.com/content/1b967bdf-815b-4ea7-a1a1-db87ac49ad4f
We’re divorcing — has my husband got hidden bitcoins?
Over the past year, I’ve heard my husband tell his friends how well his Bitcoin investments have done. We’re getting a divorce now and I realize I have no idea how much his cryptocurrency holdings are worth or how to find out.
When it comes to disclosing our assets and negotiating a financial settlement, I have no evidence at all that it actually exists. Is there anything else I can do but hope he’s honest? What if he claims to have nothing in Bitcoin?
Harriet Errington, partner at Boodle Hatfield law firm, says this is an increasingly common dilemma in the digital age.
The anonymity of cryptocurrencies makes them notoriously difficult to deal with in divorce proceedings, despite the far-reaching powers of family courts in England and Wales.
Harriet Errington, partner at Boodle Hatfield
Cryptocurrencies are stored in digital wallets that create “addresses” for transactions, none of which are logged with individuals. If your spouse refuses to declare their cryptocurrency holdings, it is very difficult to determine these holdings as there is no central authority through which to designate assets.
The key is to identify the point of entry or exit from cryptocurrencies. The blockchain, a decentralized shared public ledger, records all Bitcoin transactions, including the addresses they came from and to which they went. If you can find a transaction that includes a bitcoin address, or the digital wallet that can be linked to your spouse, you may be able to track their transactions.
Analyzing your spouse’s bank accounts is the best place to start. Bitcoin is usually bought in fiat currency. Therefore, look for transactions with crypto exchanges and trading apps or payment companies. Non-financial corporations are increasingly accepting Bitcoin as a form of payment, and such purchases of physical assets associate the cryptocurrency with a name and address.
Analyzing your spouse’s tax returns can provide indications that crypto holdings are being converted into “real” money, as Bitcoin sales should be declared as a capital gain or loss.
A word of caution. You are not allowed to access your spouse’s computer or phone without permission. Doing so could get you into hot water in family courts and potentially result in criminal prosecution.
Even if you can’t find documentary evidence that your spouse owns cryptocurrency holdings, if you can satisfy the court with the evidence available – such as historical text messages relating to Bitcoin – the court can infer or direct that others Assets should be present in their place transferred to you.
The key is to make the nondisclosing party aware that it is not worth hiding the cryptocurrency. The penalties for secrecy imposed by the family court can be severe and include imprisonment. The courts are empowered to reopen divorce proceedings years later if secrecy can be proven. So if you find out five years later that your ex made a large purchase from unknown funds, it may be possible to reopen a previous divorce settlement.
The more cryptocurrencies become mainstream and these issues become more common, the more difficult it becomes for them to remain anonymous. The far-reaching powers of the English divorce courts and the crafty lawyers who work in them are now more than a game for potential wealth hoarders.
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