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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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 8 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.
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.