Legal Question in Real Estate Law in Virginia


If a married person wins the lottery, do the winnings automatically become the joint property of a married couple, or does it become the property of only the winner if he so chooses.

Asked on 7/25/01, 10:19 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Lottery

It doesn't BECOME the property of the spouse. If there is a divorce and the spouse asks for an "equitable distribution" of the property of the parties, the Circuit Court can, in the divorce proceeding, consider the winnings to be "marital" property subject to being divided between the spouses if it is acquired after marriage and not by gift or inheritance.

By the way, if you know the secret to winning the lotto, after you get yours, would you please call or write me and tell me how to get mine? I will be more than happy to split it with my spouse, divorce or not.

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Answered on 7/29/01, 2:35 am

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