Legal Question in Social Security Law in California

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?

Asked on 5/23/10, 8:30 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 5/29/10, 9:08 pm

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