When divorcing, the court cannot force the division of assets outside of mainland China, so the money in the Hong Kong card will not be divided during divorce? What about cryptocurrency?? Popularize useless knowledge+1 Today, I saw a friend solemnly introducing to others that as long as the funds are stored outside the mainland, they cannot be divided when getting married, and even suggested that they can be stored in Hong Kong to avoid property division. Firstly, even if not considered morally, this approach is incorrect. The increase in overseas assets is due to the difficulty of execution, not property immunity. The division of divorce does not depend on where the money is placed, but on whether the money is jointly owned by the couple. Money stored in mainland Chinese bank cards, Hong Kong bank cards, Singapore bank cards, US stock brokers, and even exchanges or cold wallets is essentially the same. As long as it can be proven that this is common property formed during the marriage, it may be included in the division. Many people used to think that overseas accounts were safe because mainland courts could not directly insert their hands into accounts, including Hong Kong bank accounts, like freezing mainland bank cards. But this does not mean that Hong Kong accounts will not be split. The mainland court can confirm in the judgment that this money belongs to the joint property of the couple, or demand one party to compensate at a discounted price, return it, or even divide it less or not. Speaking in person means that if you have 1 million RMB in mainland China and 1 million HKD in Hong Kong, you can use your RMB portion to offset the assets that need to be divided in Hong Kong. More importantly, the arrangement for mutual recognition and enforcement of judgments in marriage and family civil cases between mainland China and Hong Kong has been in effect since February 15, 2022, and Hong Kong also has corresponding Chapter 639 regulations. That is to say, marriage and family judgments in mainland China can be applied for recognition and enforcement in Hong Kong if they meet the conditions. I guess some friends must have thought that if they don't put a penny in mainland China, or only put a small amount, then overseas ones cannot be implemented. This idea is only half right. Indeed, overseas assets outside of Hong Kong will be more troublesome than those in Hong Kong. Hong Kong has specialized arrangements for mutual recognition and enforcement of marriage and family judgments, and the path is relatively clear. In places such as Singapore, the United States, Switzerland, Dubai, Japan, and Europe, it depends on the local laws of the asset location, the attitude of the local court, whether there is a treaty, whether there is mutual benefit, whether the judgment has taken effect, whether the process of service is compliant, and whether it will touch on local public policies. Mainland courts cannot directly freeze Singaporean bank accounts, transfer stocks from American securities firms, or order Dubai's property registration agency to transfer ownership of houses. But the mainland court can first determine in the divorce judgment that these overseas assets belong to the joint property of the couple, and then order the holder to compensate the other party at a discounted price. If we can really get the money later, we will enter the cross-border execution stage. This cross-border execution varies greatly from place to place. For example, under common law in Singapore, eligible foreign judgments can be enforced as judgment debts through separate litigation, with conditions generally including jurisdiction of foreign courts, final determination of judgments, and clear amounts. The United States is more complex and does not have a unified federal system for recognizing foreign judgments. It usually depends on the laws of each state, and many states' rules for recognizing foreign monetary judgments also exclude or provide special treatment for divorce, support, maintenance, and family related judgments. Speaking of cryptocurrency. If the currency is placed on overseas exchanges such as Coinbase, Kraken, Binance, OKX, Bitget, HashKey, it is essentially close to an overseas financial account. The exchange account has KYC, email, mobile phone number, login IP, device records, recharge and withdrawal records, bank card deposits and withdrawals, and OTC chat records. As long as these clues can link the account with the individual, these coins may enter the scope of property division. If the currency is kept in a cold wallet, it is indeed more difficult. Whoever holds the private key actually controls the asset. But the court can determine that holding this portion of the currency can be discounted at a certain point in time, compensated to the other party, or deducted from other assets such as property, deposits, equity, and vehicles. In addition, many users believe that anonymity is on the chain, but in reality, there is no such thing as 100% anonymity. Exchange withdrawal records, recharge records, wallet screenshots, mnemonic photos, hardware wallet purchase records, bank U purchase records, OTC records, chat records, email records, tax records, DeFi interaction records, all of which may link addresses with the people behind them. Finally, when assets are placed overseas outside of Hong Kong, the division becomes a cross-border execution issue. Converting assets to cryptocurrency becomes a matter of private keys and on chain evidence. Indeed, the difficulty may increase, but joint property is ultimately proof of marital existence, especially from a moral perspective. Of course, if it is the other party's fault, it is another matter.