Personal injury money

North Carolina Divorce Law Divorce and Separation Answers
1

Personal injury money has several components, some of which are marital and some of which are separate. Money that is placed in a bank account that is separate property does not become marital property simply because the account is jointly titled. If the money was separate property when her Husband received it, it remains his separate property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My mother’s husband received a personal injury settlement in 2001. He took this money and invested it in an account that was titled jointly. They received dividend checks from this account. In 2007, he forged her name in order to transfer this money into an individual account for himself. Now, they have separated and my mother’s lawyer told her that the she should have done something about it at the time the account was transferred—that she has apparently lost any and all claim although once he/they titled the money jointly, I thought the money lost its separate character. So, it appears that from 2001 to 2007, the money was marital, but with the transfer, the money now becomes his separate property? He gets to keep all of it now?