When entering into a marriage, is the settlement I receive from a personal injury lawsuit considered personal or community property?
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When entering into a marriage, is the settlement I receive from a personal injury lawsuit considered personal or community property?
Asked on October 18, 2012 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Your personal injury settlement is your separate property whether it occurs before, during or after marriage. It is your separate property regardless of when the injury occurred or when you receive payment. Since it is your separate property, your spouse has no claim to your personal injury settlement.
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