If I won a big cash prize, like a Publisher’s Clearing House prize, would I have to share that with my husband if we divorce?

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If I won a big cash prize, like a Publisher’s Clearing House prize, would I have to share that with my husband if we divorce?

Asked on August 7, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Texas is a community property state-- which means that anything aquired during the marriage is subject to division as part of the community estate.  So...if you did win a big prize, then yes, you could potentially be required to share it with your husband upon divorce.
The court cannot divide separate property.  Separate property is by gift, devise, or decent.  This includes things like inheritances or birthday gifts.  An award from a prize contest would be considered income-- not a gift. 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Texas is a community property state-- which means that anything aquired during the marriage is subject to division as part of the community estate.  So...if you did win a big prize, then yes, you could potentially be required to share it with your husband upon divorce.
The court cannot divide separate property.  Separate property is by gift, devise, or decent.  This includes things like inheritances or birthday gifts.  An award from a prize contest would be considered income-- not a gift. 


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