§1.04 Community Personal Injury Damages

You must assign community estate personal injury damages to the party who suffered the injuries unless you determine that the interests of justice require another disposition after taking into account [FC §2603(b)]:

• 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.

If another disposition is required, you must assign the damages to the respective parties in such proportions as you determine to be just, except that you must assign at least one-half of the damages to the injured party. [FC §2603(b).]

Money or other property is not community estate personal injury damages if it has been commingled with other assets of the community estate. [FC §2603(a).]