A. QUESTION:
My wife and I got married in 2019. Recently, because of incompatibility, we both decided to get a divorce. However, before I could file for divorce, I won several hundred million lottery winnings. My wife believes that the winnings are common property and my wife must receive a part of them upon divorce. So I want to ask the lawyer if these winnings are the common property of husband and wife. If I get a divorce, do I have to share them with my wife? I am looking forward to receiving an answer from you.
B. ANSWER:
Thank you for trusting, and sending a question to PL & Partners Law Firm. Regarding your question, we would like to respond as follows:
Article 33 of the Law on Marriage and Family 2014 stipulates on common property of the spouse:
| “1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during the marriage period. marriage, except for the case specified in Article 40.1 of this Law; property jointly inherited by or given to both and other property agreed upon by husband and wife as common property. |
Besides, pursuant to Article 9 of Decree No. 126/2014/ND-CP, lottery winnings are one type of the other lawful incomes of husband and wife.
You and your spouse have not yet completed the divorce process, so you two are still considered husband and wife, and the lottery winnings are considered lawful incomes during the marriage.
THEREFORE, the lottery winnings will be considered the common property of the spouses unless otherwise agreed by you and your husband.
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