In this post we share a new collaboration with ‘Informativos Telecinco’, this time to talk about a key issue in these dates: what happens with a Christmas Lottery prize in case of separation of property? We open this question to analyze the different scenarios that can occur: separation of property, community property, domestic partnership without a defined economic regime … as well as how it influences to have bought the ticket in half or with private money of one of the parties. From this space we would like to thank ‘Informativos Telecinco’ for this new opportunity to shed light on legal issues of general interest.
We share an excerpt of the text of the article and invite you to read it in its entirety at this link:
As explained by Family Lawyer Elena Crespo, in case a couple is married, the value of a prize of any game of chance, such as the Lottery or the Euromillions, will not always have to be shared: if the couple is married under a separation of property regime and the ticket was bought by one of the parties with their own money, the prize will be privative.
This means that the money will correspond solely and exclusively to the person who bought the participation, without any legal obligation to share it with his/her partner.
However, when the couple is married in community of property regime, the situation will be different and the prize will belong to both of them, since it is a common economy, regardless of whether one of the members of the couple paid it exclusively.
This is so because, in this case, there is a shared economic regime.
In case of divorce, all the assets of the marriage will be divided 50/50 between each of the members of the couple.
On the other hand, if the couple is married under a separation of property regime and the ticket is purchased half and half, the distribution will be 50/50 (or in any other proportion if the ticket price is distributed differently).
Finally, in the case of a domestic partnership, in principle there is no common economy, unless otherwise agreed.
If this is the case, it will be necessary to pay attention to what has been agreed in order to clarify to whom the prize belongs, and in what percentages.
If you need legal assistance in any matter related to Family Law, please contact our team of lawyers.
