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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption