Widow Who Won Lottery Must Share Prize with Husband’s Heirs, Rules STJ

The Superior Court of Justice (STJ) has ruled that a lottery prize received by a widow while her husband was still alive should be considered joint property of the couple and, therefore, included in the division of the deceased’s estate.

The case involved a prize of R$ 28.7 million, won by the woman during their marriage. The couple had been in a stable union for 20 years and, in 2002, formalized their marriage under the mandatory separation of property regime due to their age. After the husband’s death, his children filed a lawsuit requesting their share of the prize.

Initially, lower courts denied the request, arguing that the lottery winnings were a random event and therefore not subject to division. However, the STJ ruled otherwise. According to the presiding justice, Antonio Carlos Ferreira, the lottery prize is classified as "property acquired by chance" and, even under the mandatory separation of property regime, must be considered joint property.

The minister explained that it is unnecessary to assess whether both spouses contributed to obtaining the prize, as the law assumes that assets acquired through lotteries or prizes belong to the couple. He also emphasized that the mandatory separation of property regime aims to protect the elderly’s assets, but in this case, the couple's long relationship prior to marriage justifies applying the rules of partial community property.

As a result, the deceased’s children are entitled to a share of the prize, which will now be included in the inheritance.