Dividing Digital Assets in a San Jose Divorce

Digital assets are often a key consideration in Santa Clara County divorce proceedings. From cryptocurrency to online businesses, these assets are increasingly common among clients and can hold both financial and personal value. Our San Jose divorce lawyer explains common digital assets subject to equitable division and how to protect your rights.

Common Digital Assets Considered Community Property in a San Jose Divorce

Under California Family Code Section 760, any assets earned, acquired, or accumulated during your marriage are generally considered to be community property and subject to equitable division in divorce proceedings. This includes digital assets.

Digital assets are common in San Jose divorce cases but generally more complex to identify and value than physical property. Among the leading types of digital assets include:

• Cryptocurrency and NFTs, such as Bitcoin, Ethereum, and non-fungible tokens (NFTs), which may appreciate in value and require expert valuation;
• Online businesses and e-commerce accounts, such as websites, Amazon storefronts, and eBay or Etsy shops;
• Digital content, such as revenue-generating websites, YouTube channels, and TikTok, Instagram or other social media accounts;
• Cloud storage, such as digital photo collections, e-books, and movies;
• Intellectual property, including logos, website designs, and product names.

Identifying and properly valuing these and other digital plays a key role in ensuring fair division of all marital assets in a San Jose divorce.

Digital Assets in a San Jose Divorce: How to Protect Your Rights

If you are filing for a divorce in San Jose through the Santa Clara County Court, be aware of your rights regarding digital assets. They can be difficult to track, value, and divide in divorce proceedings, so take proactive steps to protect your rights and financial interests:

• Conduct a thorough inventory: Work with an experienced San Jose divorce lawyer to identify all digital assets and determine if they are separate or community property.
• Trace financial transactions: Cryptocurrency and online income may be subject to division, but spouses may attempt to hide or undervalue them. A forensic accountant can uncover hidden assets.
• Negotiate a fair division: You may choose to offset digital assets with other property, such as real estate or retirement accounts, to reach a fair settlement.
• Ensure legal protection in agreements: If you co-own an online business or digital accounts, your divorce settlement should specify how they will be managed post-divorce.

Working with an experienced San Jose divorce lawyer plays an important role in safeguarding digital assets and ensuring a fair outcome in your case.

For Fair Digital Asset Division, Contact Our San Jose Divorce Lawyer Today

Dividing digital assets in a divorce requires legal expertise and careful financial analysis. If you are facing a divorce in San Jose and have concerns about protecting your digital property, Argyris Mah, LLP is here to help.

We understand the complexities of digital asset division in Santa Clara divorce cases and provide the fierce legal representation our clients need to get their fair share. To protect your rights and financial interests, call or contact our office online today. Request a consultation with our San Jose divorce lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=760.

santaclara.courts.ca.gov/divisions/family-division