Lawyer analyzes the case of husband winning the lottery, wife demanding to divide the money

Reader T.S. H (in Dong Thap) asked: "I am in Dong Thap, I met my wife when I visited a relative in the North. We have been married for 6 years and have a 4-year-old daughter. After getting married, we bought a house and lived near my maternal grandparents in old Thai Binh.

In 2025, I discovered that my wife took her family's savings to invest in an online group. More notably, she also took the land use right certificate of the house she was living in to mortgage and borrow money to put into that group.

I have advised her a lot, thanks to both her maternal grandparents and brother-in-law's advice. But she became more and more confused, sinking deeper into it. She often neglected her children to attend "conferences", "customer's day". Many times she went for half a month before returning.

I was very annoyed, demanding to choose a husband and children or choose according to that investment group. Hearing me say that, she stubbornly filed for divorce and forced me to sign. Being upset, I signed and told her to just file with the Court.

After that, I took my son to my parents' house in Dong Thap to live. Once, sitting at a coffee shop with a friend, I bought 2 lottery tickets. Unexpectedly, those two tickets won the special prize. I don't know where my wife heard the news that I won the lottery, but my wife went all the way to Dong Thap and demanded that I share half of that money.

I was very angry, made a fuss and said bluntly that I bought it with my money, we have already signed the divorce petition, so you have no right. My wife said that we have only signed, not yet filed a petition to the Court. Currently, divorce procedures have not been completed, so she still has the right to receive half of that money.

She also said, if I want to divorce, I have to share half of the prize money with my wife. I am very upset, because the lottery ticket I spent money to buy. When we were living together, she took all the money to invest in business groups. Even at her house, she took the book to pawn. Not to mention borrowing money randomly, causing my and my children's lives to be turned upside down. Now I am lucky to have money, she is back and demanding to share it.

I want to ask according to the provisions of law, is my wife allowed to divide this lottery winnings? I would like to ask a lawyer for advice.

Regarding the legal issue you asked, Lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:

Clauses 13 and 14, Article 3 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulate:

“13. The marriage period is the period of lasting marital relations, calculated from the date of marriage registration to the date of termination of marriage.

14. Divorce is the termination of marital relations according to a legally effective judgment or decision of the Court.

Clause 1, Article 33 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates the common property of husband and wife as follows: "1. Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, profits, interest arising from private property and other legal income during the marriage period, except for cases specified in Clause 1, Article 40 of this Law; property that husband and wife jointly inherit or jointly donate and other property that husband and wife agree to be common property.

Clause 1, Article 9 of Decree No. 126/2014/ND-CP dated December 31, 2014 of the Government stipulates: "Article 9. Other legal income of spouses during the marriage period

1. Bonuses, lottery winnings, allowances, except for the cases specified in Clause 3, Article 11 of this Decree.

According to the provisions of law, divorce is the termination of marital relations according to a legally effective judgment or decision of the Court. The couple has just signed a divorce petition, has not submitted it to the Court, and there is no legally effective judgment or decision resolving the case of the couple.

Therefore, he and his wife are still in the marriage period. Common property will include other legal income, specifically the lottery ticket prize money he bought.

Clause 2, Article 59 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates the common property of husband and wife as follows:

“2. Common property of husband and wife is divided in half but taking into account the following factors:

a) Family and spouse circumstances;

b) The contribution of husband and wife to the creation, maintenance and development of common property. The labor of husband and wife in the family is considered as income-generating labor;

c) Protect the legitimate interests of each party in production, business and occupation so that the parties have conditions to continue working to generate income;

d) The fault of each party in violating the rights and obligations of husband and wife.

In principle, when divorcing, your wife has the right to request the Court to determine that this lottery winnings is common property of husband and wife and has the right to request a split. However, when resolving, the Court may base it on factors such as: your contribution to creating, maintaining and developing common property.

You are the one who directly spent money to buy lottery tickets, so this will be a basis to determine that you are more important. To protect your legitimate rights and interests, you need to submit documents proving that you are the one who spent money to buy lottery tickets.

You can also submit documents proving your wife's fault in violating the rights and obligations of husband and wife when living together. That is, your wife has taken her savings to invest, mortgaged "red books", borrowed money to invest with groups, causing family economic loss. Another basis is that the two spouses did not live together and you moved to Dong Thap to live. On that basis, the Court will consider your legitimate wishes.

The above is the advice of the lawyer. Hopefully, it will help you have a basis to solve your problems.