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Can my spouse take my personal injury settlement in Texas?

Injury puts stress on many marriages in Texas. These life-changing injuries could lead to divorce. Unfortunately, they could also potentially complicate the divorce process.

Some of what you might view as your compensation for your injuries may be partially due to your spouse. Texas courts often regard part of personal injury settlements as community property. Please read on for a more detailed discussion of this topic.

During divorce negotiations, you often hear the terms "separate property" and "community property." Separate property consists of assets either you or your spouse owns individually. Community property is made up of valuable items that legally belong to both you and your spouse.

The Texas Family Code includes a specific definition for separate property when it comes to personal injury recovery. In short, you may have to divide the money that was awarded to help you recover from any losses of earning capacity. Typically, this could include things like loss of work or unpaid medical bills. Recovery for your personal pain and suffering would probably not be subject to division.

There are many factors that could influence this. For example, if you were not married when you were injured, the entirety of the money could be yours personally. That might also depend on the accounting practices you maintained over the course of your marriage.

The best way to determine the amount of a personal injury settlement or award would be to look at your case on an individual basis. This is not intended as legal advice. It is only meant to give you a general background of information on the subject.

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