Marital or Sole Property: Bodily Injury Insurance Payout


#1

Hi,
My husband added me to the deed on our house after we married (he owned the house for three years prior). He is trying to state that he brought more to the marriage, so I’m going through my files to prove what I brought financially to the marriage. Besides my bank account balances and stock balances prior to the marriage, I am wondering about an insurance settlement for an accident that occurred prior to marriage but that was received AFTER the marraige date.

Facts:
-Marriage Date May 2005
-Car Accident Date Feb 17 2003 (for which I did physical therapy and paid out of pocket, etc.)
-Bodily Injury Insurance Check for approximately $6,000 to compensate me for the bodily injuries from that 2003 car accident was received in August of 2005 (after the marriage but for my expenses incurred prior to the marriage, such as missing work for physical therapy and doctor appointments, mileage for those doctor appointments, etc.)

I do have copies of all the insurance payout information.

Questions:

  1. Is that insurance payout considered sole property? Or marital property?
  2. Would that insurance payout to me be considered (by a court) something I brought to the marriage to offset the equity amount that my husband already had in the house (or approximately $15,000)?

Thank you so much for your help,
Cannonball


#2

The insurance payout is separate property as it is to compensate you for injury prior to the marriage. I would advise you to take the position that the home is martial property entirely. Since your husband deeded the home to the two of you there is a presumption that it was gifted to the marriage.