Should I win the lottery when I get divorced?

Lottery tickets are generally purchased during the existence of the relationship between husband and wife, and it is considered that lottery tickets are purchased with the common property of husband and wife. One party signs a lucky prize contract with the lottery distribution center on the basis of * * * *, which is the same as the other party. After winning the lottery, even if divorced, the identity of the parties to the lottery contract remains unchanged, so as co-funders, they have the right to claim the right to pay bonuses to the other party to the contract. After receiving the bonus, one of the husband and wife should share half of it with the other.

In reality, when a husband and wife win the lottery, can they ask for a split of the lottery bonus when they divorce? To answer this question, we must first know which part of the property a husband and wife can divide when they divorce, and then judge whether winning the lottery belongs to this category. Let me give you a detailed answer.

1. What are the properties that can be divided in divorce?

According to the provisions of the Marriage Law, the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:

(1) salary and bonus;

(2) Income from production and operation;

(3) the benefits of intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;

(five) other property that should be owned by * * *.

Husband and wife have equal rights to dispose of all property.

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

Second, if you win the lottery, can you get a bonus when you get divorced?

1, the legal nature of lottery tickets

(1) The legal nature of lottery is a kind of voucher. Whether the legal certificate with contractual relationship can win the prize is an uncertain factor, but only a kind of expected income in the future. When the conditions are not met, its value is in a zero state and it cannot be exchanged, circulated, sold or mortgaged on behalf of any property.

(2) From the nature of lottery, lottery is a bearer bond. Lottery itself is not property, but a certificate of a lucky contract signed by the lottery distribution center and lottery players when they buy lottery tickets. Whether lottery players can get funds is still uncertain. Lottery holders hold lottery rights certificates and enjoy the expected income.

2. Can the lottery bonus be divided?

Lottery tickets are generally purchased during the existence of the relationship between husband and wife, and it is considered that lottery tickets are purchased with the common property of husband and wife. On the basis of * * *, one party and the other party sign a lucky lottery contract with the lottery distribution center.

After winning the lottery, even if the two parties divorce, the identity of the parties to the lottery contract remains unchanged, so as a co-investor, they have the right to claim the right to pay the bonus to the other party. After receiving the bonus, one spouse should also give half of the bonus to the other spouse.

If there is no other agreement on the property of the winning bonus obtained before the divorce, it shall be deemed that the property of the husband and wife is the same. Husband and wife should divide the same property when they divorce.

If the winning lottery ticket is purchased during the marriage relationship, then the winning amount of the lottery ticket will be recognized as the joint property of the husband and wife at this time, and the other party can naturally ask for division when divorcing. At this time, the division of lottery bonuses is, in principle, half for husband and wife.