Legal Question in Family Law in California

community property

I am most likely getting a settlement from phen fen in the future. My spouse is divorcing me and expects half of anything I get. Would this be joint property and would he be entitled to some even though it is a health settlement for damages to me personnaly. The divorce will be in the California courts.

Asked on 7/20/03, 4:22 pm

5 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law
0 users found helpful
0 attorneys agreed

Re: community property

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Personal injury awards (court-ordered or negotiated) usually are treated as separate property. Contact an experienced Family Law attorney in the county where the divorce is filed for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Read more
7/23/03, 7:09 pm
Patrick McCrary Law Office Of Patrick L. McCrary
0 users found helpful
0 attorneys agreed

Re: community property

Most of the time your personal injury settlement will be separate property. Particularly, a phen fen where there may have been little loss to the community, but your loss is in the future. There are exceptions and this is not an issue you want to handle on your own. Get an attorney, who knows the law in this area to argue it for you. It could go either way, but you will most likely prevail if you have an attorney. Good Luck, Pat McCrary

Read more
7/21/03, 11:56 am
Brian Levy, Esq. Law Office of Brian Don Levy
0 users found helpful
0 attorneys agreed

Reply: community property

I disagree with the answers to you question that have been posted here.

Family Code 780. states as follows:

"Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property if the cause of action for the damages arose during the marriage.

Family Code Section 781 states as follows: Separate property

(a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows:

(1) After the entry of a judgment of dissolution of a marriage or legal separation of the parties.

(2) While either spouse, if he or she is the injured person, is living separate from the other spouse.

(b) Notwithstanding subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a).

(c) Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse which arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party's spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Read more
7/21/03, 12:13 pm
Matthew Kremer Law Offices of Matthew M. Kremer
0 users found helpful
0 attorneys agreed

Re: community property

To summarize those responses:

1. The award is community property.

2. This is one area where the court has jurisdiction to make an unequal division of community property.

3. The likely outcome will be that you will receive all of the award and you will probably be assigned any debts remaining linked to your illness or treatment. The court might order the community reimbursed for payments already made for treatment, etc.

Read more
7/21/03, 2:17 pm
H.M. Torrey The Law Offices of H.M. Torrey
0 users found helpful
0 attorneys agreed

Re: community property

typically a personal injury settlement during marriage can be treated as community property, but it also can be treated as your own separate property depending on justice and fairness. if you would like additional legal assistance in this matter, feel free to email me if you are looking to "shield" this settlement.

Read more
7/20/03, 9:12 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now