Legal Question in Insurance Law in Texas

community property

if spouses are separated and a claim is made by one spouse for an automobile accident is the outer spouse eligible for this insurance money. The spouse that filed the claim is sole owner of the automobile & has paid every payment for vehicle & insurance. the spouses name is on the insurance buy has never paid this bill.


Asked on 7/27/05, 1:35 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: community property

very good question. technically, a personal injury settlement is considered to be "special community property" of the injured spouse. however, there may be some rights that the other spouse may have depending upon the nature of the claim, the damages being claimed and how the settlement is allocated.

in the situation where the spouses are separated during the pendency of the claim, it would be advisable for both spouses to consult attorneys for independent advice on this issue.

i hope this helps.

bill featherston

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Answered on 7/27/05, 3:19 pm


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