Is lottery prize money considered the common property of the spouse?

If I win the lottery, will it be considered a common property of the spouse?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 33 of Law on marriage and family 2014, common property of husband and wife is provided as follows:

“1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.”

Besides, according to Article 9 of the Decree No.126/2014/ND-CP, other lawful incomes of husband and wife in the marriage period include:

•  Bonuses, lottery prizes, and allowances, except for the case where a spouse received the allowance or incentives according to the law on preferential treatment toward persons with meritorious services to the revolution; other separate property of husband and wife prescribed by law.
•  Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or leftover out of inadvertence, stray cattle, or poultry and raised aquatic animals.
•  Other lawful incomes as prescribed by law.

Thus, if there is no agreement on the property regime before marriage, the income from the lottery winnings of the husband or the wife is considered a common property of the spouse.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Lan Anh - FDVN Law Firm

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