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Husband Uses Joint Money to Buy Bitcoin, Can the Wife Get a Share When Divorcing?
A situation raised by VTV recently highlights the risks when digital assets are not legally recognized. The story begins with a couple, where the husband used a lot of their joint assets to buy Bitcoin. When the marriage fell apart and they went to court, the wife did not receive any portion of the Bitcoin, as currently, crypto assets have not been defined, and there is no legal basis for division. During the program, the expert emphasized: "If cryptocurrencies are recognized and there is a legal exchange in Vietnam, then such a situation will certainly not occur." At that time, Bitcoin and other cryptocurrencies will be considered joint assets of the couple, and in the event of a divorce, the court will have to divide them equally like other types of assets.
Not only in marriage, this issue also arises in many other ownership relationships such as businesses, shareholders, or investment groups. When buying and holding Bitcoin together, if a dispute arises, the parties currently cannot present digital assets in court as evidence for adjudication. According to experts, legalization will help "all these assets will be put on the weighing scale, with responsibilities and benefits divided clearly." The hypothetical story from the couple highlights a significant legal gap. As the cryptocurrency market becomes increasingly popular, the early enactment of a legal framework will be key to protecting the legitimate rights and interests of individuals and businesses.