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I'm separated and doing through a divorce. I got a personal…

Customer Question
I'm separated and doing...

I'm separated and doing through a divorce. I got a personal lawsuit settlement during our marriage and bought a home and all its contents. The lawsuit began after the death of my father when I was a minor, but it wasn't settled until after the marriage. Is my spouse entitled to/have any monetary claim to the home? FOOTNOTE: I moved out in February, and my spouse moved his girlfriend in within 2 weeks of my leaving.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I had to move out due to emotional abuse. I haven't filed any papers in court yet, but we did draw up an agreement that addresses several issues. However, I believe the agreement may now be null/void due to his violation of one of the issues agreed to by both parties.

Lawyer's Assistant: Family law varies by state. What state are you in?

North Carolina

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing I can think of.

Submitted: 4 months ago.Category: Family Law
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Answered in 7 minutes by:
4/16/2018
Family Lawyer: DamienJD, Attorney replied 4 months ago
DamienJD
DamienJD, Attorney
Category: Family Law
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

It depends on the type of recovery you received. Would you like me to explain?

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Customer reply replied 4 months ago
The lawsuit settlement was the result of a suit filed in Louisiana (where I am from and was living at the time) against several entities after my father was severally injured by a drunk driver.
Customer reply replied 4 months ago
The injuries led to his death about 3 months after the accident.
Family Lawyer: DamienJD, Attorney replied 4 months ago

It is a bit complicated but let me share the information:

Portions of the settlement designated as "pain and suffering" are not divisible among the spouses. This is the same rule that applies to gifts and inheritance - it's the spouse's "personal property" and not divisible.

However, damages designated for lost wages or medical expenses may be divisible.

So, if it was for damages, like pain an suffering, other than for lost wages or medical expenses, most likely it will be treated like a gift or an inheritance and not be divisible during a divorce.

So your spouse could a portion of the damages designated for lost wages, medical expenses or other types of monetary loss, but cannot claim a portion designated for pain and suffering or emotional distress.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Family Lawyer: DamienJD, Attorney replied 3 months ago

Hello again:

I have been happy to answer your question. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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