Legal Question in Family Law in Pennsylvania

Lawsuit Settlement as Marital Property

My wife had two back surgeries in March & June of 2002. We married in October of 2002. A mal-practice lawsuit was filed against the hospital and the operating physician in March 2003. My wife received a settlement check from the insurance company in August 2003. The funds were deposited in 5 joint bank accounts. Are these funds considered marital property? My wife is claiming that all of the funds belong to her.


Asked on 2/26/05, 9:47 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Lawsuit Settlement as Marital Property

Generally, property brought into the marriage is not marital property. However, because it went into joint bank accounts the money may be untraceable to her deposits. Additionally, any interest earned on the deposited money during the course of the marriage would be marrital property. I offer free consultations.

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Answered on 2/27/05, 7:59 am


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