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Cryptocurrency and property division

On Behalf of Law Offices of Andrew S. Guisbond | Apr 2, 2024 | Property Division |

In Boston, cryptocurrency is making a big splash. This digital currency is becoming a significant part of people’s investment portfolios.

But what happens to these assets when couples decide to go their separate ways? The process of dividing cryptocurrency in such scenarios brings unique challenges.

Understanding the basics

Cryptocurrency is a type of digital or virtual currency that uses cryptography for security. It is not controlled by any central authority, making it quite different from traditional money. As these assets become more common, they also become a more frequent topic of discussion in property division cases.

Valuing the assets

One of the first hurdles is determining the value of cryptocurrency holdings. The market for these digital currencies is volatile, with prices swinging dramatically over short periods. When dividing property, deciding on a fair value for these assets can be difficult. Often, it might require consulting with specialists who track and understand the cryptocurrency market to ensure an accurate valuation.

Ownership and division challenges

Another challenge is proving ownership and dividing the cryptocurrency. Complex security features often protect digital wallets that store digital currencies. Showing who owns what and then deciding how to split these assets fairly is complicated. Sometimes, this might involve selling the cryptocurrency and dividing the proceeds or agreeing on a division of the digital assets into separate wallets.

Ensuring fairness

Transparency is key in the division of cryptocurrency. Both parties need to be honest about their digital assets. Concealing assets or failing to disclose their full value can lead to unfair outcomes. Full disclosure ensures that the division is equitable, reflecting the true value of shared assets.

As the popularity of cryptocurrency continues to rise, its impact on property division continues to grow. This will likely lead to more discussions on how to handle these assets in a fair and equitable manner during separations.

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