Legal Question in Family Law in California

seperate vs community property

Is a personal injury settlement community property or seperate property? The injury occured when married. It is possible the award will be made when not married.


Asked on 9/15/01, 1:54 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: seperate vs community property

A Personal Injury award is considered seperate property even if the accident occured during marriage. However the community may be entitled to be reimbursed for monies that were spent as a result of the injury.

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Answered on 10/26/01, 12:43 pm
Michael Burt Diamond, Burt, & Akhkashian

Re: seperate vs community property

Personal injury awards/settlements are seperate property. They are some exceptions to that rule and it is possible that the money become community property (ask your attorney) but if the money has not even been paid out yet then it is seperate property and there is not much your spouse can do to change that.

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Answered on 10/26/01, 3:33 pm
Ken Koury Kenneth P. Koury, Esq.

Re: seperate vs community property

seperate property

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Answered on 10/26/01, 2:47 am


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