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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption