Legal Question in Family Law in California
Settlement 50/50?
My husband got injured and won a workmans comp settlement during our marriage. The money was put into a joint account and then was partial downpayment for our house. We are now divorcing. Would I be entitled to half of the money since it is all in the equity of the house? I want to buy him out of the house.
1 Answer from Attorneys
Re: Settlement 50/50?
your issue here requires more facts in order to give you a completely accurate assessment of your rights. typically, personal injury awards (workers comp) are deemed the separate property of the injured spouse unless upon dissolution the non-injured spouse would endure financial hardship if the proceeds were not divided to some extent. however, since the proceeds were commingled into a community property asset (the home), this may have legal significance if more facts are given. if you would like further assistance, contact us today.
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