My spouse is getting an award check from an accident he was in four years ago. We are still married and have no plans on devorce but i think he''s going to run with the money. I have done all the leg work for this case from the start. My husband has never done one thing ! Ive done all papaer work keep records sent by mail ,fax and drove from Vegas to Ontario to hand delever doc's to lawyer. I was even ask if we would settle the case for $1,500.00!!! Am I intiteld to any of it?
1 Answer from Attorneys
There really are only two specific exceptions to the presumption under Nevada law that all assets acquired during marriage are community property (owned jointly by both spouses). One is gift/inheritance and the other is the proceeds of a personal injury suit. Now, if you were also named as a Plaintiff in the suit for your husband's accident, the rules change a bit. In that case, all damages awarded for medical expenses and other costs incurred by the community are presumed to be community assets. In either case, though, the damages for pain and suffering and other such intangibles are your husband's separate property and he is generally entitled to do with them as he wishes.
A further exception may exist if your husband treats the proceeds as though they belong to you both equally. For example, if the money is deposited into a joint checking account ("commingled") and you both begin to use it for such things as rent and groceries for you both, he may be deemed to have made a gift to the community and it might have to be divided in the case of a divorce. If the cash is used to purchase a new asset (say, a new truck), that asset is likely to be adjudged to be his, alone, and you would not normally share in that particular piece of property in a divorce decree.