Q: Is an injury settlement acquired during a marriage considered joint property or only the property of the injured?
This settlement was used as a down payment for a home for the married couple. 9 years after the divorce, the husband wants the ex wife to pay him for half of the down payment because it was his settlement money that was used. If he received this settlement during the marriage and it was used for a house they both shared, should the ex wife be responsible for reimbursing him for half that amount 9 years later?
A:
1)it depends on state law, and in some states it isn't settled. 2)Secondly, when it was used for a joint purpose, it would become joint property. As such though, if the property settlement includes equity on the house he might get something; if not, then I don't see it.
Why not talk to the lawyer who is representing you? If you don't have one, it would make sense to at least get a consultation.
A: Generally in Louisiana, general damages (pain and suffering) is the separate property of the claimant. In the situation you presented, although the home may be considered community property, he may have right to be reimbursed for half of the down payment for his separate funds being used for the benefit of the community. The law is more complicated than it seems, however. I would strongly suggest speaking with an attorney to represent you in the community property partition. Give me a call, and I'll be happy to discuss the matter further with you.
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