A few days ago, elmundo.es published an information entitled 'What happens if I have a Christmas Lottery prize with my partner and I get divorced?'
what boom!
became one of the most read articles of the day.
That led to a debate in Yo Dona's newsroom: Was it so successful because
many people were thinking of getting divorced
in the coming months?
Or that thousands of people were convinced that this year they
were going to win the lottery?
Or both at the same time?
In any case, it is clear that if - pulling from
Cantor
and
Euler
-, we cross the set of those who fantasize, with a greater or lesser level of certainty, of getting
divorced soon
with those who
plan to play
the
Christmas lottery,
we are left a beautiful
intersection
full of the most optimistic people (no less than 35% of Spaniards believe that the
lottery is the best way to get rich,
according to a survey by the investment platform eToro) that at the same time lives extremely worried about whether the property regime to which it is subjected (and we already know that in almost all of Spain the property property regime is the economic regime 'by default' in marriage) Their dream of buying a new car, going off to the Caribbean, having a comprehensive plastic surgery or, the most optimistic, buying a villa in Sotogrande is going to overwhelm them (not even the fat man is going to get to you for that, get screwed).
COUPLES WHO FINISHED CAKES BY A TENTH
But it is
not necessary to
be married
and scheme
gananciales
for a lottery ticket half end in
litigation.
We have plenty of jurisprudence to prove it. In 2015, without going any further, the
National Court
had to do with the case of a woman whose ex-boyfriend refused to pay her the 150,000 euros that corresponded to her from a lottery ticket bought half. To decide in favor of her, it was enough for a bank employee to declare that
both had gone to the office together
and had been told that they had been awarded the prize (in plural), and that the mandatory documentation to collect and communicate to the Treasury included the name, the NIF and the signature of both as beneficiaries.
Things can be worse. The case of another couple from Zaragoza who separated after Christmas with a half-awarded ticket that he refused to share, in 2014, ended not only with justice agreeing with the woman, but with
two years in prison
for him for a crime of
misappropriation
(and he was lucky, three could have landed on him).
And do not be fooled: neither does the
property separation
regime
ensure that things will be simple.
If, as has already been seen on occasion in Spanish courts, you deposit the money won in the lottery into a
checking account
or a
common investment fund, no matter how
much separation of assets you have, the judge can rule that the prize was
intended to be shared. ,
so it
should be shared.
GOOD ROLL THAT ENDS FATAL
Because we can change the Christmas Eve menu, or go from the 'one to one' gift to the
invisible friend,
but here the Christmas lottery is not skipped by God; and
sharing it
is a national vice (
three out of every four Spaniards
do so) and, seen as we have seen, a 'national defect'. The dimensions of the conflict can be immense if we take into account that, according to a survey by the Appinio platform, 93% of Spaniards intend to participate this year in a Christmas lottery draw.
And of course, taking into account that
Christmas
is the time of year when more
divorces
are forged
(according to data from the Statistical Service of the General Council of the Judiciary, just over a
quarter of breakups
occur
after the holidays
), it is clear where comes so much concern to ensure that the hundreds of thousands that are going to touch you do not have to share them with your future ex-partner.
Another piece of information that further enriches this panorama: those who are most concerned about the issue are men! (I do not leave my amazement). And this, among other things, for a statistical reason. The
70% of the players
Christmas lottery are
male
, according to National Lottery. Plus, they
spend twice
as
much
as they do, making their expectations ... twice as great. In fact, when a
woman buys a lottery,
she does so with her feet much more anchored to the ground than the typical male. A study conducted a few years ago by the psychologist
Laura Miranda
revealed that 81% of Spanish women would allocate the prize they received in the Christmas raffle to
investments
related to
properties
, foundation of
companies
or simply the
educational and employment future of their children.
That percentage was reduced to 63% in the case of men.
SEVEN TIPS SO THAT THE LOTTERY -OR YOUR EX- DOESN'T BITTER YOUR LIFE
And now, as the courteous does not take away the bravery, the best tips on how to prevent problems derived from buying a Christmas lottery seasoned with heartbreak.
And may your luck be with you.
Doubly.
If your relationship is regulin, the ideal would be to
do without the
Christmas lottery this year. Total, as they say in the blog
'Ideas y Ahorro', "lotteries are a voluntary tax on dreams.
If you complain that the State charges you too much taxes, shouldn't you start by cutting back on that? Because in this case, dreaming is not free ".
If what you want is to
protect your participation
so that later they do not give it to you with cheese, it is important that said participation is
in writing,
because in a trial a
verbal agreement
is
unprovable
(not even with witnesses). According to the
Organization of Consumers and Users (OCU):
"To justify that the prize belongs to several people, it is important that the one with the tenth, known as the
depositary
, gives a
signed copy to each participant.
For example, a photocopy of the ticket in which it is indicated that such person plays in that number, series, fraction and draw, as well as the amount of money that he contributes ".
If you are in solitary
gananciales
, and I have
divorced,
half of the money is yours
and no more than talk, who bought it bought it.
If your economic regime is
separation of property
and the ticket has been paid in full by your partner, what you win will be entirely yours (and what you lose, too, a consolation after all).
Of course, if you pay it half, go back to point 2 on this list.
If the one who wants to get divorced is you, drop as someone who does not want the thing that would not hurt to change the economic regime of marriage to separation of property ... Just kidding.
But no.
If you always buy Christmas lottery and this year he is elusive when you ask him what number you carry or where are the tickets ...
suspect.
If you can, look at the history of the browser that your partner uses on the mobile to see if he has read the article in El Mundo with which we began this article.
If so, you can start connecting the dots ...
Always keep in mind that, as the OCU reminds you: "A
lottery
ticket
is a
bearer document,
that is, only whoever has the physical ticket will be able to collect it.
Following the advice of the OCU: "
It is not advisable to
share the lottery through
WhatsApp.
If it is done, the person who is in custody of the tenth must send an
image of the number being played,
where all the data of the tenth is clearly visible."
As explained from
Lafuente Abogados,
"the
minimum exempt
from the lottery in personal income tax rose in 2019 to
20,000 euros.
What does this mean? There will be no taxes to be paid for lottery winnings if they do not exceed 20,000 euros and, on the remaining amount,
20% of the amount
in taxes will have to be paid to the
Tax Agency ".
So that you can count.
And as they also warn from this same firm, keep this fact in mind: "If
a single person collects the prize in its entirety
and
distributes it
later, it may appear that
the money
is being
donated,
which would force the payment
of donation tax ".
So take note.
Never collect the prize
without
identifying
the other participants.
"It is important to identify each winner in the bank and their percentage of participation," explains the OCU.
According to the criteria of The Trust Project
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