Legal Question in Family Law in California

Re: Accident settlement = community property?

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry.

First it depends upon the time relationship between the accident, the settlement, and your date of separation.

Then, it depends upon the "make-up" of the settlement amount, e.g., pain and suffering, past medical expenses, future medical expenses, lost wages, other costs, et cetera. Each element may or may not be community property. Talk to your attorneys about explicitly structuring the settlement to your advantage.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Reply: Accident settlement = community property?

California Family Code Section 780 states as follows:

"Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property if the cause of action for the damages arose during the marriage."

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

Re: Accident settlement = community property?

Both, but the accident atty is more correct. Usually the injury award will go to the injured party without offset, especially the portion tied to pain/suffering, med bills and loss of future income. The community might have a claim to the portion that is for lost wages where those wages would have been community property.