Original scientific paper
https://doi.org/10.30925/zpfsr.47.1.8
Marital Property in the Digital Age: Existing Rules for Modern Challenges?
Helena Majer
orcid.org/0009-0008-0582-5497
; University of Rijeka, Faculty of Law
*
* Corresponding author.
Abstract
Digitalisation is not merely a technological, but also a social process that transforms the fundamental patterns of human conduct, including family relationships. Within this context, the institution of marital property, founded on the principles of solidarity and equality, faces new forms of assets that exist solely in the digital sphere. The aim of this paper is to examine whether digital assets, particularly cryptocurrencies, can be encompassed by the existing rules on marital property and to assess their adequacy in terms of management, proof, and division. The analysis of the applicable legal framework shows that, although adaptable, it does not provide sufficient legal certainty in the digital environment. The paper highlights the need for clearer legislative guidance to preserve the spousal equality and safeguard their joint contribution. It emphasises the importance of introducing a legal presumption that digital assets acquired during marriage form part of the marital property, and of professional competence among legal practitioners in understanding digital transactions. The enduring role of family law as the guardian of legal and family balance lies in its ability to uphold core values while responding to the challenges of the digital age.
Keywords
marital property; digital assets; cryptocurrencies; family law; legal certainty.
Hrčak ID:
346129
URI
Publication date:
15.4.2026.
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