My husband who is incarcerated, won a settlement from a court case. He couldn't cash the check because of his incarceration so he chose to have the lawyers re-issue it in my name...We have now come to the end of our marriage and he wants "his" cash back I don't have a prblem doing this but before I do I just want to know from a 'legal' standpoint possession is nine tenths of the law right? I should also add that I am in fear of him when I return the money because I have used some of it for myslf (and for all of his needs too) does he have a legal right to come after me? How could I put that money away for a while and let it gain the most interest?
1 Answer from Attorneys
Actually it depends on what the settlement was for. In California, personal injury settlements and recoveries for injuries that occur during marriage are community property.