Personal injury settlement is considered community or separate property while still married?

Get Legal Help Today

 Secured with SHA-256 Encryption

Personal injury settlement is considered community or separate property while still married?

The personal injury settlement is only for pain and suffering but will be in form of a lump sum.

Asked on April 20, 2017 under Personal Injury, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A personal injury settlement is to compensate for injuries, pain and suffering, loss of enjoyment, and/or medical bills that don't have an impact on the marriage. Accordingly, such a settlement is deemed to be separate property. However, a personal injury settlement can be marital property if there is in some way a commingling assets (e.g. by accepting the settlement in 1 check and it is made payable to both parties); it is compensation for lost wages; or there are medical bills that have a financial impact on the marital (here, community) estate. At this point you may want to consult directly with an attorney and once you have gone over the details of your case, they can best advise you further.


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 with SHA-256 Encryption