In Russia, cryptocurrency is recognized as property and can be divided equally with other assets in a divorce, according to lawyer Andrei Andreev. This means that if one spouse owns cryptocurrency, it can be included in the division of jointly acquired property. However, in practice, difficulties arise, as spouses often transfer cryptocurrency to foreign wallets, which makes it difficult to detect and account for in court.
To protect their rights, the second spouse must provide evidence that such transfers were made to reduce the joint property. This may include documents on transfers, evidence of the acquisition of cryptocurrency, as well as an expert assessment of its value at the time of the divorce.
Andreev noted that Russian courts have not yet developed uniform approaches to the division of cryptocurrency assets. In such cases, courts make different decisions, which makes the outcome of the process unpredictable. To avoid such disputes, the lawyer recommends that spouses enter into prenuptial agreements. Such agreements can pre-regulate the division of property, including cryptocurrency, which will greatly simplify the divorce process.
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