Tort Recoveries
Community Property · Lesson 13
Tort Recoveries
這一課問的是：侵權賠償如何於 SP 與 CP 間分類？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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personal injury
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Recovery for injury to spouse.
人身傷害。
CP general rule
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Personal injury recovery during marriage is CP.
CP 一般規則。
non-injured spouse
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CA: tort recovery may be allocated to injured spouse at divorce.
非受傷配偶。
intentional tort by spouse
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Tort recovery against one spouse for tortious act stays with injured spouse.
配偶故意侵權。
Marriage of Klug
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Tort recovery for injury during marriage = CP at acquisition; divisible at divorce.
Marriage of Klug。
Rule Sentence · the workhorse
Tort recoveries for injuries suffered during marriage are generally community property at acquisition; at divorce, however, California Family Code §2603 allocates personal injury damages to the injured spouse unless the interests of justice require otherwise.
Mini IRAC · build the Application
Issue. How is H's $500,000 personal injury settlement, received during marriage, treated at divorce?
Rule. Under California Family Code §2603, personal injury damages received during marriage are CP at acquisition but typically allocated to the injured spouse at divorce unless the interests of justice require otherwise.
Application (model). H received a $500,000 personal injury settlement during marriage. Because §2603 directs personal injury damages to the injured spouse at divorce despite their CP character, the fact that H is the injured spouse and the settlement compensates H's personal injury means the recovery is generally allocated to H at divorce.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the $500,000 settlement is generally allocated to H at divorce.
Practice Drill · tap to build the rule
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