Cryptocurrencies in divorce in Spain
Community property (gananciales — most common regime):
- Crypto acquired during marriage = marital property
- Crypto acquired before marriage = private property
Splitting options:
- Sell and split money: Sale = taxable capital gain/loss
- Direct award to one spouse: NOT a taxable event (exempt from IRPF and ITPAJD). Acquisition cost = original purchase price of the couple.
Hidden crypto problem: Private wallets hard to trace. Specialized family lawyers can subpoena exchange data.
AEAT models in divorce: Models 172/173 filed during marriage can be requested as evidence of crypto holdings.
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