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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Wife has p lawsuit that originated in the marriage of 19

Customer Question

wife has hip lawsuit that originated in the marriage of 19 years. Is it considered community property under code 780 meaning it is fifty fifty split in the event of a future settlement ?
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

It depends on what the recovery is for.Lost wages here is considered community, pain and suffering is separate.It depends on whether they break it down in the settlement, likely you have at least some claim to parts of the settlement since it occurred during the marriage.

Expert:  Ray replied 4 months ago.

780. Except as provided in Section 781 and subject to the rules ofallocation set forth in Section 2603, money and other propertyreceived or to be received by a married person in satisfaction of ajudgment for damages for personal injuries, or pursuant to anagreement for the settlement or compromise of a claim for suchdamages, is community property if the cause of action for the damagesarose during the marriage.781. (a) Money or other property received or to be received by amarried person in satisfaction of a judgment for damages for personalinjuries, or pursuant to an agreement for the settlement orcompromise of a claim for those damages, is the separate property ofthe injured person if the cause of action for the damages arose asfollows: (1) After the entry of a judgment of dissolution of a marriage orlegal separation of the parties. (2) While either spouse, if he or she is the injured person, isliving separate from the other spouse. (b) Notwithstanding subdivision (a), if the spouse of the injuredperson has paid expenses by reason of the personal injuries fromseparate property or from the community property, the spouse isentitled to reimbursement of the separate property or the communityproperty for those expenses from the separate property received bythe injured person under subdivision (a). (c) Notwithstanding subdivision (a), if one spouse has a cause ofaction against the other spouse which arose during the marriage ofthe parties, money or property paid or to be paid by or on behalf ofa party to the party's spouse of that marriage in satisfaction of ajudgment for damages for personal injuries to that spouse, orpursuant to an agreement for the settlement or compromise of a claimfor the damages, is the separate property of the injured spouse.782. (a) Where an injury to a married person is caused in whole orin part by the negligent or wrongful act or omission of the person'sspouse, the community property may not be used to discharge theliability of the tortfeasor spouse to the injured spouse or theliability to make contribution to a joint tortfeasor until theseparate property of the tortfeasor spouse, not exempt fromenforcement of a money judgment, is exhausted. (b) This section does not prevent the use of community property todischarge a liability referred to in subdivision (a) if the injuredspouse gives written consent thereto after the occurrence of theinjury. (c) This section does not affect the right to indemnity providedby an insurance or other contract to discharge the tortfeasor spouse's liability, whether or not the consideration given for the contractconsisted of community property.782.5. In addition to any other remedy authorized by law, when aspouse is convicted of attempting to murder the other spouse, aspunishable pursuant to subdivision (a) of Section 664 of the PenalCode, or of soliciting the murder of the other spouse, as punishablepursuant to subdivision (b) of Section 653f of the Penal Code, theinjured spouse shall be entitled to an award to the injured spouse of100 percent of the community property interest in the retirement andpension benefits of the injured spouse. As used in this section, "injured spouse" has the same meaning asdefined in Section 4324.783. If a married person is injured by the negligent or wrongfulact or omission of a person other than the married person's spouse,the fact that the negligent or wrongful act or omission of the spouseof the injured person was a concurring cause of the injury is not adefense in an action brought by the injured person to recover damagesfor the injury except in cases where the concurring negligent orwrongful act or omission would be a defense if the marriage did notexist.

Expert:  Ray replied 4 months ago.

Breakdown for you here of California law on recovery.

Expert:  Ray replied 4 months ago.

I appreciate the chance to help you today.

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