§ 781. — 781. (Amended by Stats. 2019, Ch. 115, Sec. 10.)

California § 781.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 4.: DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE
• Part 2.: PART 2. CHARACTERIZATION OF MARITAL PROPERTY
• Ch. 3.: CHAPTER 3. Damages for Injuries to Married Person

Text

(a)
Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows:
(1)
After the entry of a judgment of dissolution of a marriage or legal separation of the parties.
(2)
While the injured spouse is living separate from the other spouse.
(b)
Notwithstanding
subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a).
(c)
Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse that arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party’s spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse.

Legislative History

Amended by Stats. 2019, Ch. 115, Sec. 10. (AB 1817) Effective January 1, 2020.