Click here to download this article in PDF format:  Injury Settlements Are Usually Community Property   INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse’s recovery for an injury claim is usually community property because most settlements mix all of the damage elements together in a single payment. General Principles Recoveries in injury claims are treated like other property in a divorce and the usual presumptions and burdens of proof apply.  When a spouse receives a settlement from a lawsuit during the marriage, some of which could be separate property and some of which could be community property the burden of proof is on the spouse claiming the funds as separate property.  Kyles v. Kyles, 832 S.W.2d 194,198 (Tex. App. - Beaumont 1992, no pet).  All property is presumed to be community property and  “clear and convincing evidence” must be presented to establish that property is separate property.  Tex ... Read More >