Asked over 1 year ago - Elk Grove, CA
FlagHe was awarded 15,000 dollars, which he already received and spent. Was that community property?
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I'm a Washington bike lawyer, but I can tell you that community property laws vary widely from state to state regarding how personal injury settlements are characterized. If you are considering filing for divorce, it's best to consult with a California divorce attorney who can advise you in more detail after hearing a few more of your facts.
With that said, here's a link to a pretty good summary of how California law treats community property written by a California attorney:
http://www.maggiolawfirm.com/2010/04/community-...
If you and are not considering filing for divorce and are just upset about your husband spending the settlement money, you might want to look at it from his perspective because much of the settlement was likely paid for his personal pain and suffering. Getting hit by a car can be a life-changing event. If getting a few new things with the settlement money helps him move on with his life, then it may be a good thing.
This is a question that incorporates both family law and personal injury law. You have to look at what the recovery was for. A certain amount was for claimed medical expenses and pain and suffering. That would not be community property. Recovery for lost wages due to the injury could be construed as community property.
Also keep in mind that a spouse can have their own cause of action for "Loss of Consortium" that is for the loss of love and affection and things that your husband used to do around the house or with you that he could not do as a result of the injury he suffered. That claim must be made as a separate claim on the spouses behalf.
