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CALIFORNIA FAMILY CODE
DIVISION OF COMMUNITY ESTATE PERSONAL INJURY CLAIMS
Family Code Section 2603
(a) "Community estate personal injury damages" as used in this
section means all money or other property received or to be received by
a person in satisfaction of a judgment for damages for the person's
personal injuries or pursuant to an agreement for the settlement or compromise
of a claim for the damages, if the cause of action for the damages arose
during the marriage but is not separate property as described in
Section 781, unless the money or other property has been commingled with other assets
of the community estate.
(b) Community estate personal injury damages shall be assigned to the party
who suffered the injuries unless the court, after taking into account
the economic condition and needs of each party, the time that has elapsed
since the recovery of the damages or the accrual of the cause of action,
and all other facts of the case, determines that the interests of justice
require another disposition. In such a case, the community estate personal
injury damages shall be assigned to the respective parties in such proportions
as the court determines to be just, except that at least one-half of the
damages shall be assigned to the party who suffered the injuries.