If I get a settlement from an auto accident, is my spouse entitled to any of it? 21 Answers as of May 21, 2013

I had my car that was totalled in a car accident before I met and married. I don't feel he is entitled to any of the settlement from my car accident.

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Langford Law Firm
Langford Law Firm | Theresa Langford
In Texas, property acquired before marriage is separate property. That said, it is the burden of the person claiming it to prove the separate character of the property. It is important that it has not been commingled to an extent that it is no longer identifiable as separate. Don't take legal advice from your spouse, that doesn't seem to have your best interests in mind. Hire a lawyer to represent you and protect your interests.
Answer Applies to: Texas
Replied: 10/25/2012
Law Office of Melvin Franke | Melvin Franke
No.
Answer Applies to: Missouri
Replied: 5/21/2013
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If all of your expenses and loss of income for the accident are premarital, the money is all yours. However, if any money for medical bills or other expenses related to your injuries were paid after the marriage or if you lost income after the marriage due to the accident, those parts are marital. The money paid for pain and suffering is solely yours.
Answer Applies to: Ohio
Replied: 10/23/2012
Burton Guidry
Burton Guidry | Burton P. Guidry
If you were compensated for anything other than property damage he may have rights. In Louisiana we are a community property state and if he paid anything on the car with separate or community funds the community may be entitled to it. Your injuries are your own except for loss of wages and his claim for loss of consortium. GET A LAWYER and give him/her all of the details.
Answer Applies to: Louisiana
Replied: 10/23/2012
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Sounds like you should talk to a lawyer. Sounds like you have some issues with your spouse.
Answer Applies to: New Jersey
Replied: 10/23/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is not his unless you put it into a joint account, then it could become half his.
    Answer Applies to: Florida
    Replied: 10/23/2012
    Peyton and Associates | Barbara Peyton
    Generally no. It is your separate property. Any income generated by the settlement money can be used to calculate how much support is appropriate, however. Good luck
    Answer Applies to: California
    Replied: 10/23/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You haven't provided enough facts to provide a definite answer. But, if the car was marital property, the money paid to compensate for that damage will also be marital property.
    Answer Applies to: Colorado
    Replied: 10/23/2012
    Law Offices of Frances Headley | Frances Headley
    Accident settlements are generally the separate property of the injured spouse. You should consult your personal injury lawyer to be sure that no component of your settlement would be considered as benefiting the community. If separate it will remain that way so long as you keep it separate and do not commingle it with community assets.
    Answer Applies to: California
    Replied: 10/23/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any pre marital accident settlement normally the separate property of the spouse that suffered the loss.
    Answer Applies to: California
    Replied: 10/23/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    He is not entitled to any of the settlement if the accident occurred before the marriage.
    Answer Applies to: Nevada
    Replied: 10/23/2012
    Debra Crawford Annis Law & Mediation Offices
    Debra Crawford Annis Law & Mediation Offices | Debra Crawford Annis
    In general, a personal injury award for an accident that occurred before the marriage is your separate property. More specific information is needed for a more specific answer.
    Answer Applies to: California
    Replied: 10/22/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If it was before marriage, it is your separate property.
    Answer Applies to: California
    Replied: 10/22/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You did not indicate whether your marriage is intact or whether you are divorcing and therefore dealing with how to divide assets, including the proceeds of your settlement, so my response assumes a divorce situation (the court does not intervene in intact marriages). If the car was owned prior to the marriage, then settlement for the vehicle (along with settlement for any pain and suffering) should be considered separate property. Any compensation for lost wages during the marriage would be considered community property/divisible.
    Answer Applies to: Arizona
    Replied: 10/22/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    This is probably your separate property depending on whether there were medical or nursing expenses during the marriage. Keep the money in a separate account and do not mix it up with any money earned during the marriage. If you mix it up you may lose it.
    Answer Applies to: California
    Replied: 10/22/2012
    Matt O'Connor | Matt O'Connor
    Yes, your spouse would be entitled to a portion of the settlement.
    Answer Applies to: Missouri
    Replied: 10/22/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    That settlement should be your separate property.
    Answer Applies to: Georgia
    Replied: 10/22/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Keep it in a separate account in your name alone. If you commingle it with joint funds, then she is entitled to a portion. Given your position on this money, are you sure you are ready for marriage?
    Answer Applies to: Michigan
    Replied: 10/22/2012
    Victor Varga | Victor Varga
    No, it is not marital property.
    Answer Applies to: Maryland
    Replied: 10/22/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    No this is payment for your pain and suffering to make you whole from the accident and would maintain the spouse is not entitled to it.
    Answer Applies to: Georgia
    Replied: 10/22/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Not if it didn't effect you in marriage (is a wage loss claim). Also keep separate from anything marital.
    Answer Applies to: Wisconsin
    Replied: 10/22/2012
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