Legal Question in Family Law in California

Medical injury settlement, community property?

A family member's ''wife'' was awarded a medical injury settlement from her work. She has put the money in a separate account (her name only). Last week she left her ''husband'' and is seeking a divorce. QUESTION= Is that settlement considered community property?


Asked on 8/28/01, 4:23 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Medical injury settlement, community property?

There is a possibility that a portion of the settlement would be community property. A family law attorney would need to review the settlement and the breakdown of damages claimed for the settlement, I would suggest the review, but don't be too optimistic. Good Luck, Pat McCrary

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Answered on 9/17/01, 11:16 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Medical injury settlement, community property?

Probably not community. The community might have a claim to the portion of the award that covered lost wages or was reimbursement for what the community paid out because of the injury.

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Answered on 9/17/01, 3:09 pm


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