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HomeFamily CodeDiv. 4Pt. 2Ch. 3§ 781 Personal Injury Settlements

§ 781 Personal Injury Settlements

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 781 Personal Injury Settlements

Key Takeaways

  • •If you get hurt and win money (or settle) for it, that money is yours alone if you were already divorced or living apart from your spouse when it happened.
  • •If your spouse paid for your medical bills or other costs from their own money or your shared money, they can ask to be paid back from the money you got for your injuries.
  • •If one spouse hurts the other during marriage and has to pay money for it, that money belongs only to the hurt spouse.

Example

John and Jane are married but living apart. John gets into a car crash and wins $50,000 for his injuries.

The $50,000 is John’s alone because he was living apart from Jane when the crash happened. But if Jane paid $5,000 for John’s hospital bills from her own savings, she can ask John to pay her back from the $50,000.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 781 Personal Injury Settlements

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

Last verified: January 21, 2026

Key Terms

separate propertypersonal injuriesjud

Related Statutes

  • § 752 Separate Property Rights
  • § 754 Notice Pendency Property Restrictions
  • § 780 Personal Injury Damages Allocation
  • § 782 Spousal Tort Liability Limits
  • § 1620 Spousal Contract Limitations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 781.
View Official Source