A corresponding draft law has been submitted to the government for review and sent to the head of the Central Bank of Russia, Elvira Nabiullina, according to the news outlet RIA.
The initiative was introduced by Igor Antropenko, a member of the State Duma Committee on Industry and Trade. The document proposes amending Articles 34 and 36 of the Family Code to extend the same property rights to cryptocurrency that currently apply to traditional assets owned by spouses.
Under the proposal, digital assets acquired during marriage would be recognized as jointly owned property. Cryptocurrencies purchased before marriage or received without compensation, such as through gifts or inheritance, would remain the personal property of one spouse.
In the explanatory note, the author highlights that amid rapid digitalization, more Russians are using digital currencies as tools for investment and savings. However, the absence of a clear legal framework for such assets in family disputes creates risks of infringing on one spouse’s property rights.
Antropenko also pointed out that the current legal ambiguity surrounding cryptocurrency conflicts with Article 19 of the Russian Constitution, which guarantees equality before the law and the courts, as well as equal rights for men and women.
Once the government and the Central Bank issue their opinions, the draft law could be submitted to the State Duma for consideration.
Growing Concern Over Hidden Crypto Assets
There are numerous stories from people searching for ways or admitting they already have hidden digital assets from their spouses. One such case took place in the United States. According to CNBC, in 2023, a woman hired a private detective during her divorce and discovered her husband had concealed $500,000 worth of bitcoin.
Specialized agencies that track cryptocurrency ownership have already emerged, helping locate hidden wallets and assets. The practice is becoming increasingly common due to the lack of clear legal frameworks in most countries.
Countries that already treat cryptocurrency as marital property:
- In Singapore, courts recognize that digital assets, including cryptocurrency, can qualify as “marital property.”
- In South Korea, spouses have the right to request the division of cryptocurrency acquired during marriage and to initiate investigations into its value.
- In Australia, cryptocurrency is also regarded as property that must be disclosed and included in asset division calculations during divorce proceedings.
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