One of the greatest joys of Christmas may be winning a prize in the lottery draw. But that emotion can be cut short by the problems that may appear when sharing a tenth game, being married in community property or trying to appropriate a prize that is not yours.
From our office we analyze what you have to take into account to avoid unpleasant surprises by being one of the lucky ones in the Christmas raffle.
If you are married, whose prize is the ticket?
If your marriage is governed by the community property regime and one of you is lucky enough to win a prize in the lottery draw, the pinch will be community property, that is, it will belong to both of you.
If the marriage is formalized through the separation of property regime, the reward will belong only to the spouse who acquired the tenth. Although if it was bought by both spouses, it will correspond, exclusively, to both in the corresponding percentage.
Audacia Abogados states that, in the event that the couple has been married under the regime of "community property", as stipulated in art. 1351 of the Civil Code, the profits obtained in the marriage will be part of the joint venture, regardless of the origin of the money with which the tenth was acquired, or what is the same, the money belongs to both.
What happens if the marriage is in the process of separation?
The Civil Code states that the property partnership ends at the time the divorce is decreed and, therefore, it can be considered that the tenth winner is property.
Therefore, the contracting party who has purchased the tenth party who will have to justify that the conditions set forth above are met in order to consider that the prize obtained is theirs.
In any case, this issue will be dealt with in the procedure for the termination of the joint venture in its phase of inventory formation, but, in no case, in the divorce procedure.
If you want to know more, do not hesitate to call Audacia Abogados.