A Chatham, Ont. woman is hoping a jury will help her claim more than $3 million that has been stuck in legal limbo since her ex-boyfriend cashed in a winning lottery ticket half of which, she says, belongs to her.
Figures you would side with the dishonest greedy piece of shit who lies to his common law wife about the lottery tickets they bought together then secretly moves out while she’s at work. She’s entitled to half that and more.
"Zipperfish" said Even if you win after you separate, she still gets half. "I want half, Eddie!"
Doesn’t seem that’s typically the case in Ontario:
As long as the win takes place after the date of separation, the prize money remains in the hands of the person playing the lottery, she says.
“In Ontario, it really boils down to what is the situation as of the date of separation — that’s when the property is valued and divided,” Robinson, of Shulman Law Firm, tells AM 640.
“Anything that’s going to happen after that is then presumptively going to belong to each particular spouse and not be joint property. But of course there are always going to be exceptions, or ways in which lottery winnings after separation could be considered in other ways, and it is very fact-specific."
Canadian law says that if they were common law she's entitled to half the winnings. It has to be determined how long they were cohabitating. Quebec is the only province that has no provisions for common law relationships, as they don't recognize common law unions.
"BartSimpson" said They're not married and she is not entitled to claim part of the prize anymore than I am.
Every Canadian province has provisions for 'common law' marriage. If you live with a woman for a year plus or minus, the government considers you as married.
The only way for him to get out is to prove they haven't lived together long enough, which no one knows,
and to prove it is "his" ticket, not "theirs"
The thing BF so angrily put up is full of "I check MY ticket", notice it doesn't say "OUR" ticket.
This one makes me think of that movie where Nicholas Cage was a beat cop and Goldie Hawn's daughter was a waitress.
Nicholas Cage didn't have the money to tip Goldie Hawn's daughter so he told her she could have half the lottery ticket he bought. But doing the right thing didn't work out because when he won his wife wanted it all.
"BartSimpson" said They're not married and she is not entitled to claim part of the prize anymore than I am.
Most US states including California don’t recognize common-law marriage or entitle any division of assets/income support. But as others have noted, in Ontario cohabitation in a conjugal relationship after a set period results in the conference of most if not all legal entitlements of marriage. Most other provinces have similar laws.
On the topic if punishment, I was immediately reminded of this story from my university days, the only other case I’ve heard of, though surely there must be more:
Ex-Wife Loses Big in This Game of Chance
Law: Woman hid her Lotto win from husband and quickly divorced him. Judge says she must let him have all $1.3 million.
November 17, 1999| ANN W. O'NEILL | TIMES STAFF WRITER During his 25 years of marriage, Thomas Rossi never saw a marriage counselor, never strayed and never doubted a relationship so close that he shared an electric toothbrush with his wife, he said.
Then Denise Rossi shocked him by demanding a divorce. And she wanted it in a hurry.
Now he knows why: On Dec. 28, 1996--just 11 days before she filed for divorce--Denise Rossi won $1.3 million in the California Lottery.
She told no one in her divorce case, and Monday her secret caught up with her. A Los Angeles family court judge ruled that she had violated state asset disclosure laws and awarded her lottery winnings to her ex-husband. Every penny.
Superior Court Judge Richard Denner determined that she acted out of fraud or malice. He based his decision on a deposition in which Denise Rossi admitted that she concealed her winnings because she didn't want her ex-husband "getting his hands on" them....
It's the only card she has.
Seems the Lottery Corp has already agreed, by holding back half the winnings.
Gentlemen, hide your wallets.
Here’s the damning evidence:
Even if you win after you separate, she still gets half. "I want half, Eddie!"
Doesn’t seem that’s typically the case in Ontario:
As long as the win takes place after the date of separation, the prize money remains in the hands of the person playing the lottery, she says.
“In Ontario, it really boils down to what is the situation as of the date of separation — that’s when the property is valued and divided,” Robinson, of Shulman Law Firm, tells AM 640.
“Anything that’s going to happen after that is then presumptively going to belong to each particular spouse and not be joint property. But of course there are always going to be exceptions, or ways in which lottery winnings after separation could be considered in other ways, and it is very fact-specific."
http://www.advocatedaily.com/separated- ... share.html
Of course she wants a jury trial. The tears are coming.
It's the only card she has.
Seems the Lottery Corp has already agreed, by holding back half the winnings.
Gentlemen, hide your wallets.
That's how common-law works. It's not a female > male thing, this would be the exact same case if roles were reversed.
She's entitled to half. He should agree to giving her half and avoid all of the pending court fees. He'll lose.
http://www.cbc.ca/news/canada/4-myths-a ... -1.1315129
They're not married and she is not entitled to claim part of the prize anymore than I am.
Every Canadian province has provisions for 'common law' marriage.
If you live with a woman for a year plus or minus, the government considers you as married.
The only way for him to get out is to prove they haven't lived together long enough,
which no one knows,
and to prove it is "his" ticket, not "theirs"
The thing BF so angrily put up is full of "I check MY ticket", notice it doesn't say "OUR" ticket.
He won't do it with a jury trial.
He is 99% screwed.
Nicholas Cage didn't have the money to tip Goldie Hawn's daughter so he told her she could have half the lottery ticket he bought. But doing the right thing didn't work out because when he won his wife wanted it all.
That was a good one.
They're not married and she is not entitled to claim part of the prize anymore than I am.
Most US states including California don’t recognize common-law marriage or entitle any division of assets/income support. But as others have noted, in Ontario cohabitation in a conjugal relationship after a set period results in the conference of most if not all legal entitlements of marriage. Most other provinces have similar laws.
On the topic if punishment, I was immediately reminded of this story from my university days, the only other case I’ve heard of, though surely there must be more:
Law: Woman hid her Lotto win from husband and quickly divorced him. Judge says she must let him have all $1.3 million.
November 17, 1999|
ANN W. O'NEILL | TIMES STAFF WRITER
During his 25 years of marriage, Thomas Rossi never saw a marriage counselor, never strayed and never doubted a relationship so close that he shared an electric toothbrush with his wife, he said.
Then Denise Rossi shocked him by demanding a divorce. And she wanted it in a hurry.
Now he knows why: On Dec. 28, 1996--just 11 days before she filed for divorce--Denise Rossi won $1.3 million in the California Lottery.
She told no one in her divorce case, and Monday her secret caught up with her. A Los Angeles family court judge ruled that she had violated state asset disclosure laws and awarded her lottery winnings to her ex-husband. Every penny.
Superior Court Judge Richard Denner determined that she acted out of fraud or malice. He based his decision on a deposition in which Denise Rossi admitted that she concealed her winnings because she didn't want her ex-husband "getting his hands on" them....
http://articles.latimes.com/1999/nov/17/news/mn-34537