jimsing said:
TEXAS: In the case where a spouse receives an out of Court settlement for injuries sustained while married to current spouse: Is this settlement considered "Community Property"? In other words, is the money "all" the injured parties, or is it "Joint" property? In this case the other party supported the injured party while awaiting this judgement. Now the injured party seems to think that it's "all" theirs. What is the law?
My response:
I hope you had an attorney. I'll tell you why, below.
In the meantime, the injured spouse is correct. Monies received for "personal" injuries are just that, they are "personal" to that person, only. Injury money, gifts, and inheritances are ALWAYS separate property, unless there is a writing that specifically makes such money or property "communitity property" (a gift to the marriage). If there is no writing saying otherwise, that money is separate property belonging only to the injured spouse.
You bring up a very good point concerning the fact that you "supported" your spouse while that spouse was recuperating from injuries. If you had an attorney, the attorney would have, and should have, made a claim for, or added a Cause of Action to a lawsuit for, your "Loss of Consortium" - - your rights to money damages for the diminished capacity of your spouse and loss of spousal duties while recuperating.
You have to ask yourself, "But for" the injuries, would I have had to care for my spouse like I did, beyond the normal that is expected in a marriage ?" "But for" the injuries, would I have had to do the other spouse's duties in order to maintain the household in a normal fashion, as if there were no injuries ?"
If you did have an attorney, and there was no claim made for your "Loss of Consortium", then you have a good Professional Malpractice action against that attorney.
If you didn't have an attorney, then you screwed yourself, because an attorney would have been able to obtain much more money for your spouse and, of course, you.
Good luck to you.
IAAL
