Legal Question in Family Law in Arizona

I live in Arizona & one of us has an injury lawsuit. Is the other person entitled to half of the settlement?


Asked on 5/28/10, 11:41 am

3 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, anything received for pain and suffering is your sole and separate property, and anything received for lost wages or property settlement is community property.

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Answered on 5/28/10, 2:57 pm
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

I agree with Monica but I will add that any reimbursement for medical bills paid by the community are also community property.

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Answered on 5/28/10, 3:06 pm
Rich Peters R.J. Peters & Assoc., P.C.

The aspect of any recovery that represents "pain and sufferring" will remain your sole and separate p[ropoerty so long as you do not place it into a joint checking account or othrwsie change its nature (and there are many ways to do so). The aspect of the recovery that represents loss wages, or reimbursement of losses, will remain community property.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 6/02/10, 12:06 pm


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