Legal Question in Family Law in Texas

Re: Property

Depends - to what extent is the check for replacement of community or separate property? To what extent is the check for personal injuries sustained during marriage? To what extent for loss of earning capacity? See Family Code section 3.002.

Re: Property

More information is necessary. Was this a settlement or court award? Different parts of the award or settlement may be treated differently. For example, loss of earning capacity, pain and suffering, medical reimbursement, etc. are different. If the personal injury attorney had the settlement or judgment drafted properly, then you can probably tell. If not, then you can argue that it is all community property.

For example, loss of earnings is clearly community. Also, even if the award was not all or even part community, it may have been comingled with community property enough that the separate part is not traceable. Remember, there is a presumption that it is community unless shown otherwise.

You need an attorney to properly evaluate ALL of the facts so that you can determine your rights.