Generally, there is a community property interest for properties acquired by the spouses during the marriage (Fam C. § 760). However, there may be exceptions that may apply to personal injury damages recoveries (Fam.C. § 781).

For example, the money or property is community property if the cause of action arose during marriage and before separation [Fam.C. §§ 780, 2603(a)]; while the money or property is the injured spouse’s separate property if the cause of action arose (i) after entry of judgment of legal separation or dissolution, or (ii) while the spouses were living separate and apart [Fam.C. § 781(a)(1) & (2)].

Consult with an experienced divorce attorney to know more about community property interest in personal injury awards.