Santa Ana, CA asked in Divorce, Family Law and Personal Injury for California

Q: Can you sue your wife for injury settlement she got just up and leaves one day knowing she getting millions of dollars

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus subject to division between both parties. However, the specific details of the settlement, such as what the awarded amounts were meant to compensate for (e.g., pain and suffering, lost earnings, medical expenses), can influence whether it's treated as community or separate property.

If your wife received an injury settlement while you were married, and she leaves, you may have a right to a portion of those funds if they are deemed community property. It's important to consult with legal counsel to understand your rights and the specific nuances of your case. Documentation, such as the settlement agreement and related legal documents, will be crucial in determining how the settlement should be divided.

In the event of a separation or divorce, you would typically file for division of assets within the divorce proceedings. The court will then decide how to divide the settlement along with other marital assets. Remember, each case is unique, and outcomes can vary widely based on the individual circumstances and the judge's decisions. Legal guidance is key to navigate this complex process and to ensure your rights are protected.

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