Does my name have to be on my husband’s insurance settlement check if we are separated?

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Does my name have to be on my husband’s insurance settlement check if we are separated?

My husband and I have been separated for over 3 years. He lives in NV and I live in CA. A year ago he was involved in a traffic accident and the case has been settled. I am not on his insurance nor a titled owner of his vehicle; I have not been involved in any of this. I do not wish to benefit from this settlement and prefer not to have anything to do with the situation. Does the check still have to be payable to both of us?

Asked on August 11, 2011 California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Community property is property acquired during marriage.

Separate property is property acquired before marriage or after the marriage ends.

Generally, a settlement would be considered separate property.  In your case, it is clearly your husband's separate property because the accident and settlement occurred after separation.  Property, income, etc., acquired after separation with no intent to reunite is separate property.  Therefore, your name would not be on the settlement check.  The check would be payable to your  husband. 


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