Hotel porter takes chunk of ex-wife's £500,000 lottery winnings after High Court battle

Published 18th Oct 2011

A hotel porter has won a chunk of his ex-wife's £500,000 National Lottery windfall after a High Court fight - because she had used some of the money to buy a London home.

Judge Justice Mostyn concluded that the prize was 'non-matrimonial property' but when the woman used some of it to buy a house she converted 'part of her non-matrimonial assets into matrimonial property'.

He said he thought that his decision was the first ruling on the treatment of a lottery prize 'in financial remedy proceedings following divorce' by a judge in England.

The judge, who announced his decision after a private hearing in the Family Division of the High Court in London, ruled that the porter should get a 'lump sum' of £85,000.

He said the porter had 'actually lived' in the house for a 'relatively short period' and was not entitled to 'anything like' an equal share of its value.

The judge said neither the porter nor his ex-wife could be identified.

'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, in a written ruling.

'There have been at least five reported decisions on the subject in Australia. To my knowledge there has been no reported decision on the subject here, ' he added.

He said the couple, both in their 50s, were married more than 25 years ago and separated several years ago.

The wife collected a £500,000 lottery prize more than a decade ago and bought a £275,000 house in London, which was now thought to be worth nearly £500,000.

The couple lived in the house for about three years, the court heard.

Mr Justice Mostyn said 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'.

'I judge the initial receipt of the lottery prize to be non-matrimonial property,' said Mr Justice Mostyn.

'However, when (the woman) purchased (the house) she converted that part of her non-matrimonial assets into matrimonial property,' he added.

Source: ' ThisIsMoney '

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