Legal Question in Family Law in California
What am I entitled to?
I filed for divorce and while I was with spouse she was in motor vehicle accident, not her fault, she was hit by a company truck and was going through a settlement case. Since I left her it was said I was not entitled to anything. Now that I have filed for divorce her attorney says I am not entitled to anything because it is inheritance. My question is being that I endured time off work to take her to medical appointments, pick up prescriptions and time off to tend to her, is there any way around the inheritance clause where I could petition for a portion of her settlement?
2 Answers from Attorneys
Re: What am I entitled to?
This area of family is complex. First what ever she collects is not an inheritance. It is most probably a combination of her separate property and community property. Depending on the amount of the amount she collects and the portion which community property it may not be worth the time and cost of enforcing your interest.
You should discuss the facts of your case with your attorney.
Re: What am I entitled to?
you are not entitled to any of it even if you were still together. personal injury settlements are seperate property.