Short answer. Yes. Under the conjugal partnership of gains regime, the law is explicit that any winnings from gambling during the marriage shall form part of the conjugal partnership property — while losses, by contrast, are borne solely by the spouse who lost and are never charged to the partnership.

What the law says

any winnings therefrom shall form part of the conjugal partnership property

Family Code, Article 123 — Gambling Losses and Winnings. Read the full provision →

Winnings and losses are treated asymmetrically

The rule deliberately treats gambling winnings and gambling losses differently. Whatever a spouse personally loses in any game of chance, betting, sweepstakes, or other form of gambling — whether permitted or prohibited by law — is borne personally by that spouse and is never charged against the partnership. Winnings work the opposite way: they are pulled into the shared pool rather than kept as the winning spouse's own money. This rule binds both spouses equally, whichever one actually did the gambling — it does not matter whether the husband or the wife placed the bet.

Why the law shifts the winnings into the partnership

This asymmetry protects the partnership from one spouse's gambling losses while still letting it benefit if that same gambling happens to pay off. A spouse who personally loses money gambling cannot draw on partnership funds to cover that loss, and cannot make the other spouse share the burden — but if the gamble wins instead, the partnership property gets the benefit rather than the winning spouse alone — the rule does not let a spouse pocket a windfall while shielding the partnership from the corresponding downside.

It applies whether or not the gambling itself was legal

The rule does not distinguish between legal and illegal gambling when it comes to losses — both are borne by the loser and kept off the partnership's books. The statute's wording on winnings, by contrast, simply says winnings therefrom — from the game of chance, betting, sweepstakes, or gambling just described — become partnership property, without carving out any exception for winnings that happen to come from an activity that was itself prohibited under the law.

This is the conjugal partnership of gains rule specifically

This particular provision sits within the rules governing the conjugal partnership of gains property regime. If your prenuptial agreement adopted that regime for your marriage, this is the rule that applies to gambling winnings and losses; a marriage governed by a different regime under its own settlement would need to be checked against whatever rules that settlement and regime actually provide, since not every property arrangement handles gambling winnings and losses the exact same way this particular regime does.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.