Car accident photo symbolizing personal injury recovery in a divorce case.

Divorce can be a challenging and complex process, especially when it comes to the division of assets. In Texas, determining whether a personal injury recovery is considered community or separate property is an important aspect of property division. In this article, we will explore the key factors that determine the classification of a personal injury settlement in a divorce, addressing the questions of whether it is considered community property and whether a spouse is entitled to a personal injury settlement in Texas.

Is a Personal Injury Settlement Considered Community Property in Texas? In Texas, property acquired during the course of a marriage is generally considered community property, which means it is subject to division between the spouses upon divorce. However, personal injury settlements present a unique situation as they involve compensation for harm suffered by an individual.

Under Texas law, personal injury settlements are typically classified as separate property. This classification is based on the principle that the compensation received is meant to compensate for the injured spouse’s personal losses, such as medical expenses, pain and suffering, and lost wages. As such, the courts generally view personal injury recoveries as belonging solely to the injured spouse.

Factors Affecting the Classification While personal injury settlements are generally considered separate property, there are certain factors that can impact their classification in a divorce. These factors include:

  1. Timing of the Injury: If the injury occurred before the marriage, any resulting personal injury settlement would likely be considered separate property. However, if the injury occurred during the marriage, it might be subject to further analysis.
  2. Nature of the Compensation: The specific nature of the personal injury compensation can also play a role in the classification. For example, if a portion of the settlement is intended to cover lost wages or medical expenses incurred during the marriage, that portion might be considered community property.
  3. Intermingling of Funds: If the personal injury settlement was commingled with community property funds, such as being deposited into a joint bank account, it might be challenging to establish its separate property status. Courts may consider the degree of commingling and the intent of the parties in determining the classification.

Is a Spouse Entitled to a Personal Injury Settlement in Texas? As mentioned earlier, personal injury settlements in Texas are generally considered the separate property of the injured spouse. Consequently, the non-injured spouse is typically not entitled to a share of the settlement in a divorce. However, it is important to note that other aspects related to the settlement, such as reimbursement for community property expenses or future loss of earning capacity, may still be subject to negotiation or court determination.


In Texas, personal injury settlements are typically classified as separate property, not subject to division in a divorce. However, the specific circumstances surrounding the injury, the nature of the compensation, and the potential commingling of funds can impact the classification. It is crucial to consult with an experienced family law attorney to understand your rights and navigate the complexities of property division during a divorce involving a personal injury settlement.

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