QUESTION
Do I get to have half of my husband's settlements if he is gets half of mine?
Asked on Apr 17th, 2013 on Estate Planning - Colorado
More details to this question:
I have an injury settlement from a car accident. My husband gets half even though he wasn't there. He has a land settlement in the process and an injury settlement from his old job. Do I get half of his settlement?
6 ANSWERS
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Perhaps. Not enough information is provided to say for sure. I am not sure why your husband is getting part of your settlement unless it was something that was negotiated. You should request the same thing in terms of his settlements. You do not say whether or not you are working with lawyers on this. You probably should be.
Answered on Apr 19th, 2013 at 4:10 PM
I think that you are mistaken that your husband is getting half of your settlement. You get all of the settlement for your personal injuries. He may be getting something for his personal loss of your attentions. Same works for his settlement.
Answered on Apr 19th, 2013 at 2:20 PM
4 Awards
Assuming his injury occurred while he was married to you, and assuming the land was purchased while he was married to you, the answer to that question would be yes on both accounts. If not, the answer would be no with respect to whatever interest accrued prior to marriage.
Answered on Apr 19th, 2013 at 2:19 PM
2 Awards
Call a local personal injury attorney and/or family law attorney to discuss this. If this is a divorce situation, a family law attorney will be able to help you most. This is a complex issue that needs to be addressed locally, not on a forum such as this.
Answered on Apr 19th, 2013 at 2:19 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Sounds like the part of the settlement you refer to here as to the part for your husband's is for his loss of consortium, and your part is for the injury you suffered, which is your separate property. As to your husband's injury claims, be sure you demand a share of his settlement for your loss of consortium also as to the injury. I don't know about the land settlement.
Answered on Apr 19th, 2013 at 2:19 PM
No, not necessarily. If you are not a party to those actions, you may not be included in any settlement. For more detailed information, take the papers involving the cases to an attorney for review.
Answered on Apr 19th, 2013 at 2:18 PM