regerugged
If there is a husband and wife involved, yes. Both have claims, and the common practice is to make one settlement and pay both parties.
Citizen1984
How touching.
sensible_man
As long as it was aquired while you were married, it is part of the estate. Would you not think so if the tables were reversed?
n2_c*5Ha>Nq
You need to contact a lawyer or your local bar association for a referral if you want an ACCURATE answer to this question.
Spock (rhp)
i think it depends on what the award is for.
cost reimbursements are community property, as the costs were community payments.
however, pain and suffering amounts likely belong only to the party who was injured.
awards to the spouse, if separately stated, are likely the spouse's alone.
and if the award is a lump sum and doesn't say -- you've got a problem. offhand, i'd argue that the identifiable cost reimbursements come first and then any remaining amounts are mostly pain and suffering for the injured party with some small portion to the spouse.
Orignal From: is a medical malpractice award considered community property in california?
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