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How to divide the divorce after winning the lottery in Ningbo? 3 situations

Ningbo Author：LuXu WANG

Two dollars in exchange for a bonus to change the family trajectory, followed by often not stability, but a divorce agreement. The answers to these three questions are often millions of yuan different.

Why are 1. bonuses recognized as common property?

Article 1062 of the the People's Republic of China Civil Code, after listing wages, operating income, intellectual property income, etc., leaves the other property that should be jointly owned. Although the lottery prize is accidental, but the purchase of lottery expenses usually come from the daily expenses of the family, so the judicial practice generally considers the prize money obtained during the existence of the marriage relationship as the joint property of the husband and wife, in principle, equal division.

Does the purchase of personal property affect the qualitative

it is necessary to prove that the money for lottery purchase comes from personal property and is not mixed with family property. In reality, the purchase of lottery is mostly a sporadic small cash expenditure, and it is almost impossible to complete this proof, so the proportion of successful defences based on the source of funding is very low.

2. Scenario 1: Winning during the duration and not yet divided.

This is the simplest category. If both the time of redemption and the time of winning the prize are during the marriage, the prize shall be included in the joint property as a whole. If the bonus has been withheld from personal income tax, it shall be divided according to the actual amount received after tax; the part that has been used for family purchase, loan repayment or children's education shall be regarded as common consumption and shall not be calculated repeatedly.

3. Scenario 2: Concealing the fact of winning the prize during divorce

it is not uncommon to find out after winning the lottery and getting divorced without mentioning a word when going through the formalities. Article 1092 of the Civil Code stipulates that if one party hides, transfers, sells, destroys, or squanders the common property of the husband and wife, the divorce may be divided less or not; if the other party discovers it after the divorce, it may file a lawsuit in the people's court, Request another division. Ningbo agreement divorce has a 30-day cooling-off period. If the other party is aware of the concealment of winning and other property information during the cooling-off period, the application can be withdrawn in time, registration can be suspended, and the evidence can be fixed first.

statute of limitations for re-prosecution of division after divorce

the relevant judicial interpretation of marriage and family compilation makes it clear that the statute of limitations for such claims is three years, counting from the day after the party's discovery, not from the date of divorce. Therefore, the key is to fix the point of discovery, such as receiving a bank notice, seeing the announcement of the award, or obtaining written information from others.

4. situation 3: the prize is paid in the name of another person or has been converted to other property.

Bonuses are often quickly transformed into forms: in the name of relatives, transferred to another person's account on the same day, then purchased a real estate vehicle or purchased a large insurance policy. Morphological changes do not affect the nature of the property, only increase the difficulty of tracking. As long as the chain of funds can be restored, the converted property can still be claimed to be divided, or to be compensated at a discount to the original amount.

Winning by name does not change the nature of the property.

Receiving the award in the name of a relative only changes the external recipient and does not change the fact that the award comes from the duration of the marriage relationship. As long as the sales record, the time of redemption and the whereabouts of the funds can be linked to each other, it can still be recognized as the joint property of the husband and wife, and the actual payee can be listed as a third party to participate in the lawsuit if necessary.

5. Key Points of Proof and Preservation Measures

the available evidence includes the public information of the awarding institution, the sales records of lottery sales outlets, tax payment vouchers, bank running water from the winning day to the following period, and screenshots of the other party's conversations in social occasions. If it is found that the other party is transferring out a large amount, it should apply for property preservation at the first time. Freezing the account is much more effective than recovering afterwards. In Ningbo, property preservation can be filed with the lawsuit, and the court freezes the relevant bank accounts.

Feasible solutions for 6. negotiation

if the bonus is huge and has been partially invested in real estate, a one-time half-and-half split may not be realistic. It can be paid in installments, paid by house or shared by share, and at the same time, the agreement should state the liability for breach of contract and the terms of accelerated maturity, so as to avoid the agreement becoming empty.

7. case proof

in practice, if one party wins a large bonus in the purchase of lottery during the marriage relationship, and then registers for divorce within a short period of time and does not disclose it in the agreement, and if the other party discovers and sues afterwards, the court generally determines that it constitutes a hidden joint property of the husband and wife and decides to divide it again. Taking the after-tax bonus of 4 million yuan as an example, the concealer is usually sentenced to less, and the other party can get more than the equal share. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

In practice, after winning the prize by the relatives to pay the prize, the bonus on the same day transferred to the relatives account and used to purchase the property, as long as the bank flow can be consistent to restore the whereabouts of the funds, the court generally penetrate the property is purchased with common property, and according to the present value of the property rather than the original contribution to calculate the other party's share. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

  • credulous verbal promise: if the other party claims to resupply you afterwards but you have not written into the agreement, there is almost no way to investigate the performance stage.
  • Missing the time of discovery: if the time and basis of winning the prize are not fixed in time, it may fall into passivity in the defense of limitation.
  • Only stare at the prize account: bonuses are often transferred out on the same day, and it is easy to miss most of the funds by checking only one account.
  • Ignore the after-tax calibre: The calculation base will be adjusted by the court without deducting the tax paid on the basis of the bonus denomination claim.
  • Do not apply for preservation: Wait until the judgment has entered into force before enforcement, and the funds have often turned into a form that is difficult to recover.
  • Self-recording and evidence collection cross the border: materials obtained by infringing upon the legitimate rights and interests of others or violating public order and good customs may not be adopted.

9. FAQ

is it common property to win the lottery with the money from your salary card?

Calculate. Wages during the marriage relationship itself is the joint property of the husband and wife, and bonuses from the purchase of lottery tickets are generally also recognized as joint property and are divided equally in principle.

After three years of divorce, I didn't know that the other party was flattered. Can I sue?

You can. The statute of limitations for requesting re-division is three years from the day after the discovery, not from the date of divorce. The key is to prove when and by what means.

The bonus has already bought a house, and the house has also increased. How do you calculate it?

The share is generally calculated on the basis of the present value of the property, rather than the return of the original contribution. If the chain of funds is clear, the other party may claim a proportionate interest in the property.

The other party said that all the money was spent, can it be divided?

Can claim. In the case of squandering of common property, the party may divide it less or not at the time of division, and the amount squandered is usually included in its share to be deducted.

Practical Experience of 10. Lawyers

most of the lottery prizes in marriage will be counted as common property, relying on the provision in the common property: the money for the lottery usually comes from the daily expenses of the family, and the prize money will fall into the common income plate, which is divided equally in principle. The common defense is that I bought it with my own money before marriage, and the bonus should be counted as mine. However, it is necessary to prove that the lottery purchase funds do come from personal property and are not mixed with family property. In reality, the lottery purchase is mostly a sporadic small cash expenditure, which is very difficult to prove. Therefore, the success rate of this defense is not high. Instead of arguing for who owns the money afterwards, it is better to have a general account of the family property in advance.

Which interval the winning time falls in directly determines the processing method. Winning and redeeming prizes are both within marriage and have not yet been divided, and the whole is included in the common property. Taxes paid are divided according to the amount received after tax. The part that has been used for family purchase, loan repayment and children's education is generally regarded as common consumption and will not be counted repeatedly. The difficulty lies in not mentioning such concealment before winning the prize, after divorce and when going through the formalities. At this time, it should be handled according to concealment and transfer of common property. The other party can be claimed to have less or no division and request another division. If signs are found during the cooling-off period of divorce by agreement, the application should be withdrawn decisively, the registration should be suspended, the evidence should be fixed first, and then how to talk should be decided.

The key actions are proof and preemptive preservation. Once the bonus flows into other assets, such as being taken to buy a house and transferred to someone else to hold it on behalf of, the difficulty of tracing will increase sharply. Therefore, after finding clues, it is necessary to lock in the reward record, capital flow and property transformation track through court investigation orders as soon as possible, and apply for preservation if necessary to prevent re-disposal. The time limit for re-division is generally calculated from the date of discovery, and do not delay the time limit in hesitation. Alternatives can also be discussed at the negotiation stage, such as discounting the portion of the property that has been turned into a present value, rather than fixing the original bonus figure, which is often easier to negotiate.