Crypto in a divorce
I look for indications of undeclared crypto in statements, exchanges and the blockchain, and value it at the date your lawyer sets for the division of assets.
Member of AEPEJU (no. 1556). Barcelona and across Spain.
Indications of undeclared crypto
The most common trail is at the bank: transfers or card payments to an exchange.
- Regular transfers to a crypto trading platform.
- Card payments to crypto purchase services.
- Confirmation emails and exchange or wallet apps on the phone.
- A hardware wallet at home or at the office.
- Crypto gains in the income tax return, or the Spanish return for crypto held abroad (form 721).
- Spending or savings that do not fit known income.
From the bank statement to the exchange and the blockchain
The money is followed: from the bank to the exchange and, if it leaves there, from the exchange to addresses on the chain.
The bank statement proves the outflow to the platform. The court can require the exchange to disclose the account balance and movements, at your lawyer's request. And if the crypto was withdrawn to a self-custody wallet, its later movements can be followed on the blockchain, because they are public.
Valuation at a date, and why the date matters
Crypto can double in value or halve within a few months, so the valuation date changes the split.
I value each asset at the date set by the agreement or the proceedings, with the price source documented, and at several dates if needed so your lawyer can compare scenarios.
Joint or separate property: the facts I provide
Whether it is joint or separate property is a legal question for your lawyer and, where applicable, the judge.
As a general rule, the Spanish Civil Code treats assets acquired during the marriage with joint funds as joint property. What I provide is the technical fact: when it was bought, with which money it entered the exchange and what movements it had afterwards.
What I need to start
What you already have to hand is usually enough to see whether an investigation is worthwhile.
- Bank statements for the relevant period.
- Income tax returns for recent years.
- Emails, screenshots or messages mentioning crypto.
- The relevant dates in the proceedings, as indicated by your lawyer.
The limits of self-custody
If the crypto is in a self-custody wallet, I can show that it exists and what it is worth, but not move it.
Nobody can access a wallet without its key. What is sought in the proceedings is to identify and value the asset so it is included in the division, not to obtain the key.
Frequently asked questions
Common questions about this kind of report.
Is crypto bought during the marriage joint property?
As a general rule, yes, if it was bought with joint funds under a community property regime; the final classification is for your lawyer or the judge. I document when and with which money it was bought.
How can I tell whether my spouse has hidden crypto?
Start with the bank statements: transfers or payments to an exchange are the most common indication. From there the trail can be followed.
Can they be forced to hand over the private key?
What the proceedings seek is to identify and value the asset for the division, not the key. How to request it from the court is your lawyer's decision.
Does it work if the crypto is at a foreign exchange?
Yes. The bank trail to the platform exists all the same, and the court can request information from the exchange, although outside the European Union the process is usually slower.
What if I discover hidden crypto after the settlement?
Check with your lawyer, as there may be ways to claim. The report documents when it existed and what it was worth.
At which date is it valued?
At the date set by the agreement or the proceedings. I can value it at several dates so your lawyer can compare.
How much does it cost and how long does it take?
It depends on how many accounts and movements need analysing. The first 30-minute consultation is free, the quote arrives within 24 working hours and the report in about seven days for standard cases.
Tell me about your case
Free 30-minute consultation and a free quote within 24 working hours.