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John and Judy had concluded that their differences were irreconcilable, so they decided to end their twelve-year marriage amicably. There were no children, so they agreed to convert all their assets to cash and split the proceeds down the middle. The judge decided to waive counseling and mediation and granted the divorce decree, to become final in sixty days. John treated Judy to lunch, then stopped by a convenience store on the way home to pick up a quart of milk. Even though he wasn't feeling very lucky, he spent a dollar of his change on a lottery ticket and slipped it into his wallet without thinking.

In fact, John forgot all about the lottery ticket until almost six months later, when he discovered it behind a credit card he seldom used. On a whim he decided to check the number on the lottery web site. To his amazement, he had won $1,000,000. When Judy heard about John's good fortune, she wasn't so amicable. Even though John had never been deceitful, she sued him for half a million.

Is a lottery ticket property?

Is Judy entitled to half the proceeds of a ticket acquired after the agreement and redeemed after the divorce was final?

Remember to discuss and properly cite two cases to support your analysis.

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John v. Judy

John and Judy had concluded that their differences were irreconcilable, so they decided to end their twelve-year marriage amicably. There were no children, so they agreed to convert all their assets to cash and split the proceeds down the middle. The judge decided to waive counseling and mediation and granted the divorce decree, to become final in sixty days. John treated Judy to lunch, then stopped by a convenience store on the way home to pick up a quart of milk. Even though he wasn't feeling very lucky, he spent a dollar of his change on a lottery ticket and slipped it ...

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Hatim Baxamusa, MBA
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  • BSc , University of Calcutta
  • MBA, Eastern Institute for Integrated Learning in Management
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