Texas Community Property & Bitcoin: Do I Get Half?

In Texas, a community property state, the presumption is simple: any asset acquired during the marriage is owned equally by both spouses. This rule does not change just because the asset is digital.

However, applying this 50/50 split to Bitcoin creates unique forensic challenges that traditional accounting methods often fail to solve.

The "Date of Acquisition" Trap

The most common defense we see in Texas courts is the "Separate Property" claim. A spouse will argue:

This is where blockchain forensics becomes the ultimate truth-teller. Unlike a bank account where funds are commingled, every fraction of a Bitcoin has a specific "Date of Creation" (UTXO) in that wallet.

We trace the specific coins. Often, we find that while the wallet existed in 2015, the massive inflows of value occurred after the date of marriage. This legally reclassifies specific tranches of that Bitcoin as community property.

Appreciation vs. New Investment

In Texas, the appreciation of separate property might remain separate (under complex tracing rules), but income derived from it is community. What about "Staking Rewards"?

If your spouse has Ethereum "Staked", those rewards are newly generated assets. They are income. They are community property. We can calculate exactly how much "interest" was generated during the marriage window.

Tracing Commingled Funds

Did your spouse sell some "Separate" Bitcoin to buy "Community" stock, and then sell that stock to buy more Bitcoin? This commingling can destroy the separate property claim.

Our forensic reports map the flow of funds across exchanges to prove Community Intent. We visualize the money trail so a Judge can clearly see: "This asset was touched by marital funds."