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.

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