QUESTION
Can I get a judgment on my husband for half of the award from a personal injury case?
Asked on Feb 06th, 2014 on Personal Injury - California
More details to this question:
My husband was mauled by a dog and we are suing the homeowners insurance. He has borrowed some money from one of those company’s who loan on pending lawsuit. Problem is he gambles and I want the half I should be entitled to because CA is a 50/50 state. Is this true and can I do this? Can I put a lean or judgment on it?
2 ANSWERS
Unless you were in the zone of danger when the mauling occurred [within a close enough distance that you could reasonably believe you might be physically injured], then the settlement results are his personal property and not community property so you are not entitled to any of the sum for pain and suffering [you do have a claim for loss of earnings].
Answered on Feb 12th, 2014 at 1:53 PM
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You cannot get half of his claim. However , if you both are on the same page you may have a loss of consortium claim that may have some value. Of course you both will have to get along for that type of a claim. You may also want to get the lawyer, if any involved to mediate so that he will know to behave or lose it all.
Answered on Feb 12th, 2014 at 1:52 PM