Have you or your spouse been involved in an automobile accident? Did one of you receive a settlement from that accident?
What happens to this settlement in a divorce case? Is the money community or personal property? In California, all property, including any monetary settlements, acquired during the marriage is considered community property.
However, there are exceptions. According to the California Family Code, any community estate personal injury damages must be given to the injured spouse. If the settlement is issued in one lump sum and is used to buy a home or vehicle, it becomes the injured party’s separate property. This is a complicated and complex matter.
If you have been involved in an accident and are about to receive a settlement, but you are also going through a divorce at the same time, it is important to contact a skilled Orange County Divorce attorney who will advise you of your legal rights and get you on the road to a new and brighter future.
