Legal Question in Family Law in California

Depends on a lot of things, including when the cause of action arose and what it is for.

I agree with Mr. McCormick's response. Here is why:

If the cause of action was a personal injury action against a third party, and arose during marriage, the settlement is community property. (Fam. Code, sect. 780.)

If the cause of action was a personal injury action against a third party, and arose after permanent separation, then the settlement is the injured spouse's separate property. (Fam. Code, sect. 781.) The injured spouse in that instance, however, must reimburse the community or the other spouse for any expenses paid on account of the injury.

If the settlement was recovery for damage to community property, the settlement would be community property. If the settlement was recovery for damage to one spouse's separate property, then the settlement is separate property.