Am I entitled to any of my long time partner's personal injury settlement?
Question Details: I've been with the same man 11 years; we have 3 children together. He recently started a major lawsuit because he was hit by a commercial vehicle. When his lawyers started talking about the amount the lawsuit could be for, he decided he no longer wanted to be with me. He stated that even though we were never legally married, we needed to get a divorce. He wants to do the divorce with no lawyer or anything, just sign papers stating that I get nothing. He stated tI am not entitled to anything at all. I was trying to see if that is true or should I look into getting a lawyer.
He doesn't need to "divorce" you (and you can't divorce someone you are not married to, anyway), because if you are not married, you have no right to any portion of his personal injury settlement. If he stops supporting your children with him,you could bring a legal action for child support, but that would be the only right you have to money in this case; a nonspouse has no right to her partner's money or settlements, no matter how long they were together.
TX recognizes common law marriage, so depending on the circumstances you may be married to this man. If you are, then you are potentialy entitled to a portion of any personal injury settlement that he may be awarded. At this point, you shoulld consult directly with a local dicorce attorney who can best advise you further after reviewing all of the facts of your situation.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Helping 20 Million Americans a Year for 20 Years. FREE!