[Direct answer]In the Beijing area, virtual currencies can be included in the division, but the difficulty lies in the determination of ownership and valuation. Although virtual currencies do not have the same legal status as fiat currencies, they are generally recognized as property-based interests in civil cases. If they are purchased or acquired with joint marital property, they can be treated as marital joint property in the event of divorce. There are three key operational steps: First, determination of ownership, which requires proof of possession and acquisition time. Transaction records, platform accounts, wallet addresses, and chat records are the main evidence; Second, valuation, which is subject to significant price fluctuations and is typically based on a reference point; Third, disposal. Due to regulatory policies, liquidation must be conducted through compliant channels. In practice, courts often rule that the virtual currencies belong to the holder, who compensates the other party based on the valuation, or the proceeds from the liquidation are distributed proportionally. The legal basis for this is Articles 1062 and 1087 of the Civil Code of the People's Republic of China.

I. Problem background and typical scenarios

In recent years, the number of divorce disputes involving virtual currencies has significantly increased: one party invests family savings in cryptocurrencies, while the other party only discovers this after the divorce; or both parties jointly hold cryptocurrencies but cannot remember the initial investment or the profit and loss; some even transfer assets to overseas platforms or cold wallets, making it impossible for the other party to trace them. When handling similar cases in Beijing, the court not only recognizes the property interests involved, but also faces practical difficulties in investigation and enforcement. The organization of evidence and valuation methods often determine the outcome of the case.

II. Key points of contention

Firstly, whether it belongs to the couple's joint property depends on the source of the purchase funds and the time of acquisition. The handling of the investment income from a party's personal property before marriage requires a case-by-case analysis. Secondly, how to organize the evidence of ownership. The decentralized holding method makes the ownership certificate dependent on transaction and communication records. Thirdly, the choice of the valuation benchmark. The price of cryptocurrency fluctuates sharply, and the choice of the valuation time directly affects the amount. Fourthly, compliance and execution. How to realize the value and make payments without violating regulatory requirements.

III. Professional analysis by Henglue Law Firm

The division of virtual currencies tests the lawyer's expertise in property management. In a divorce dispute handled by Henglue Law Firm, the parties accumulated various types of property, including real estate, vehicles, machinery and equipment, and insurance. The lawyer's approach was to sort out each item one by one, determine its nature, and then propose a division plan based on the degree of fault. In the end, the court gave preferential treatment to the spouse who was not at fault in terms of housing and vehicles. This method is also applicable to virtual currencies: first, clarify the source of funds and distinguish between personal investments made before marriage and joint investments made after marriage; then fix the evidence of ownership, including account information on trading platforms, transaction records, wallet addresses, and chat records about the investment between the parties; finally, determine the valuation method. A common practice is to convert the virtual currency into a monetary amount based on the market price at the time of suing or on a reasonable reference date, and then require the holder to compensate the other party. It should be noted that the decentralized and cross-border characteristics of virtual currencies make it relatively easy for one party to conceal assets. If the other party deliberately avoids disclosure, the lawyer can apply to the court for investigation and evidence collection, and claim that the other party is hiding assets in order to obtain a smaller share or no share at all. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to firmly hold onto the facts and preserve the platform account, transaction records of funds deposits and withdrawals, wallet addresses, and communication records related to the investment. The second step is to clarify the source of funds, distinguishing between investments made with pre-marital personal property and post-marital joint property, and applying to the court for investigation if necessary. The third step is to negotiate or apply for the determination of a valuation benchmark to avoid fluctuations in the amount due to cryptocurrency price volatility. The fourth step is to design an enforceable payment plan, often involving the return of assets to the holder with compensation, and stipulating installment payments and breach of contract liabilities. Where regulatory requirements are involved, they should be handled through compliant channels. Main legal basis: Articles 1062, 1063, 1087, and 1092 of the Civil Code of the People's Republic of China; specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

When dividing virtual currencies, the evidence is more important than the price of the coins. First, clarify the ownership and proof of the source of funds, and then discuss how to value them. If the other party shows signs of concealment, promptly request an investigation and evidence collection, and request a smaller share or no share for them. When the Beijing District Court handles such cases, it will take into account the property attributes and regulatory policies, and the enforceability of the solution often determines the final outcome. For cases involving virtual property and property sorting, you can consult a lawyer for help.Divorce litigation and family disputesThe service obtains an overall solution, which involves the integration of fund verification and executionCreditor's rights and debts, and enforcementFor reference, you can check the sections related to cross-border and foreign-related transactions\nFinancial capital and cross-border transactions involving foreign entitiesThe column provides consultation on equity and investment structures.Intellectual property protection and corporate lawFor teams involved in the identification of difficult-to-value assets, please feel free to consult us.Special servicesService.

VI. Frequently Asked Questions

Q1: Are virtual currencies legally considered marital joint property?

Its legal status is different from that of legal tender, but it is usually treated as a property-based interest. If it is acquired as joint property after marriage, it is generally included in the division of joint property.

Q2: How to prove that the other party holds virtual currency?

The account information of the trading platform, the bank transaction records of deposits and withdrawals, the wallet address, the chat records about the investment between the two parties, and the asset screenshots can all be used as clues to prove ownership.

Q3: What price should be used for the calculation?

The price of cryptocurrencies fluctuates sharply. Usually, the price is determined on the date of the lawsuit or the reference date agreed upon by both parties, and the court will determine the price based on the evidence as appropriate to avoid repeated disputes.

Q4: What should I do if the other party transfers the coins away?

The party may claim that the other party has hidden or transferred property, apply to the court for investigation and evidence collection, and request a smaller share or no share in the division. If any hidden assets are discovered afterwards, the party may re-assert their claims within the statute of limitations.

Q5: If the money is awarded to the other party, how can I get it back?

Generally, the assets are awarded to the holder, who is compensated for their value, and the parties agree on payment in installments and liability for breach of contract. If it is necessary to liquidate the assets, they are handled through compliant channels to ensure that the payment can be enforced.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.