Can an undocumented spouse claim part of a winning lotto price in a divorce?

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Can an undocumented spouse claim part of a winning lotto price in a divorce?

Married for 3 years. One spouse won a cash prize but the other is constantly physiologically abusing her and thinking divorce. They have a 3 year old and she is expecting a baby.

Asked on May 16, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I have a problem with what you mean "undocumented" spouse.  Do you mean that you consider yourself to be in a common law marriage?  Common law marriages are recognized in Texas.  So if you have held yourself out to be married (and there are other factors that courts consider like filing tax returns estc.) then you can be considered married in all sense of the word.  And lottery winnings are considered marital property in Texas.  Good luck.


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