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Ex-partner awarded lottery share

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In a landmark case, a hotel porter has been awarded £85,000 from his ex-wife’s National Lottery win after she used her new found fortune to buy a family home.

By law, the ex-wife’s win was deemed “non-matrimonial property’, but as she used it to buy a house, the property then became “part of her non-matrimonial assets into matrimonial property”, ruled Judge Mr Justice Mostyn.

The couple are said to have separated several years ago, three years after the wife had won the £500,000. She used the prize to buy a London property worth £275,000, now thought to be worth almost £500,000.

The couple, whose identities were not disclosed at a private hearing in the Family Division of the High Court, were said to have lived in the house for a “relatively short period”, hence why the porter was not entitled to “anything like” an equal share of the property’s value.

“In this case I [had] to consider the treatment to be awarded to a lottery prize of £500,000 in financial remedy proceedings following divorce,” said Mr Justice Mostyn. His ruling is said to be the first time a lottery prize has been involved in a post-divorce settlement in England.

Mr Justice Mostyn added that where a husband or wife was “unilaterally buying tickets from his or her own income”, without the knowledge of their partner, then it was easy to see the prize as a “receipt by that party alone” and therefore as non-matrimonial property, the BBC reported. However, as she bought the property using her prize, it suddenly became matrimonial property.

For more on divorce law in the UK and how it could affect you, please contact our expert solicitors today.

Written by Andrew Hodges

October 26, 2011 at 1:29 pm

Posted in Comment, LinkedIn

Tagged with ,

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