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Wife Wins Lottery Accidentally and Husband Claims for Split

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Wife Wins Lottery Accidentally and Husband Claims for Split


        

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  • 2024-06-23 18:00:47

    Dong married Hao in 1997. At the beginning of marriage, the relationship between husband and wife was good, but later, Dong had an improper relationship with his colleague Ge. Dong asked Hao for a divorce, but Hao refused. Dong rented a house and seldom went home. Before long, Hao won the grand prize of 400000 yuan by buying two lottery tickets while shopping. Hao was very happy, but he didn't tell Dong about it. Later, Dong learned the news from the newspaper and went home to ask Hao to give him half of the money. Hao disagreed. If Dong doesn't come back when he sees the money, he can sue the court in 2020 and claim half of the winning bonus. The court ruled that the marriage relationship was not extinguished. The court rejected the lawsuit and found that Dong and Hao married in 1997. After marriage, Dong had an improper relationship with Ge. Dong rented a house and seldom went home. Hao won 400000 yuan in the lottery. According to Article 17 of the Marriage Law of China, the court held that the bonus belongs to the joint property of Dong and Hao, but the joint property of husband and wife belongs to the joint property. The right of husband and wife to the joint property is a whole before the elimination of the joint ownership relationship, and both parties enjoy the ownership equally, with no distinction between the size of rights; Only when the relationship between husband and wife ends can we divide the common property and determine their respective shares. Although Dong and Hao have separated, their marriage relationship has not ended, so the bonus is still jointly owned by them and cannot be divided in shares. Therefore, the court decided to reject Dong's claim. The lawyer said: Can the husband and wife win the prize and ask for division? In this case, the prize belongs to the joint property of Dong and Hao. According to Article 17 of the Marriage Law of China, the following property acquired by the husband and wife during their marriage relationship shall be jointly owned by the husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Inherited or donated property, except for the property that is determined in the will or gift contract to belong to the husband or wife only;
    (5) Other properties that should be jointly owned by both parties. In addition, Article 19 of the Marriage Law stipulates that the husband and wife can agree that the property acquired during the marriage relationship and the premarital property shall be owned respectively, jointly or partially, respectively or jointly. It can be seen that the law of our country also allows both husband and wife to make an agreement on the property ownership. When the husband and wife have an agreement, the agreed property system applies; If there is no agreement, it shall be customized according to applicable laws. In this case, although Dong and Hao have separated, their marriage relationship has not ended, so the bonus is still jointly owned by them and cannot be divided in shares, so Dong cannot sue for splitting his bonus.

    s***

    2024-06-23 18:00:47

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