Written by attorneys · grounded in primary & secondary sources — see below
A recovery for personal injury that counts as individual property under marital property statutes except to the extent it reimburses expenses paid from marital property.
Sources & Authorities· 2 primary sources
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Federal Rules
Uniform Acts
Dictionaries
How it applies
Common Examples
6
Marital Property Classification of Settlement
After a car crash Piper Patel received a settlement check for her broken leg and lost wages. Medical bills had been paid from the couple's joint account. The portion of the settlement that repaid those joint expenses is classified as marital property while the balance remains Piper's individual property.
Warranty Disclaimer and Passenger Injury
Priscilla Parks bought a new car from a dealer. Six days later the steering failed and she suffered a fractured pelvis. The portion of any later settlement that repaid medical bills paid from marital funds is classified as marital property while the balance remains her individual property.
An officer stopped Perry Pratt on suspicion of casing a store. A later claim alleged excessive force caused injury. Any recovery would be individual property except to the extent it reimbursed expenses paid from marital property.
Terry v. Ohio392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)
Discriminatory Enforcement Causing Harm
Pablo Perez operated a laundry that city officials closed under an ordinance applied only to Chinese-owned businesses. Any recovery for resulting harm would be individual property except to the extent it reimbursed expenses paid from marital property.
Yick Wo v. Hopkins118 U.S. 356 (1886)
Venue Transfer and Injury Damages
Pamela Phillips sued in her home state after suffering a severe back injury in another state. The defendant moved to transfer venue. Any recovery would be individual property except to the extent it reimbursed expenses paid from marital property.
Van Dusen v. Barrack376 U.S. 612 (1964)
Independent Counsel Investigation
Pierce Patterson alleged that an independent counsel's prolonged investigation caused reputational and emotional harm. Any recovery would be individual property except to the extent it reimbursed expenses paid from marital property.
Alexia Morrison, Independent Counsel v. Theodore B. Olson487 U.S. 654 (1988)
Common questions
Frequently Asked
2
How is a personal injury recovery classified when some expenses were paid from marital funds?+
The recovery is individual property except for the portion that reimburses expenses already satisfied from marital property. That portion is treated as marital property under the statute.
Supporting sources
Does a warranty disclaimer in a sales contract bar a spouse's personal injury claim?+
No. The disclaimer does not bind the injured spouse who did not sign the purchase order, allowing the personal injury action to proceed.
Supporting sources
487 U.S. 654 (1988)Constitutional Law
…Stat. 1240. The Commission's function was to receive and adjudicate certain claims for compensation from those who had suffered personal injury or property damage at the hands of the enemy during World War II. Commissioners were appointed by the President, with the advice and consent of the Senate, but the statute made no provision…