What Happens If Your Spouse Hides Assets During Divorce?

Divorce can become more complicated when you suspect your spouse is concealing money, property, or other marital assets. Our Fort Worth divorce attorneys can investigate financial information and take steps to protect your interests during the divorce process. Hidden assets can affect the division of community property and may require the court to take additional action.

How Can a Spouse Hide Assets During a Divorce?

Hidden assets can affect the amount of property each spouse receives in the divorce. Texas courts generally divide the community estate in a manner that is just and right. If one spouse has hidden an asset on purpose, it can reduce the amount of property available for division during divorce, creating an unfair outcome.

A spouse may attempt to conceal assets in several ways. Some spouses may transfer money to another person or account. Others may fail to disclose financial accounts, undervalue property, hide income, or move assets before the divorce is finalized. Common examples of potentially concealed assets include:

• Bank and investment accounts that were not disclosed during the divorce

• Cash, cryptocurrency, stocks, or other investments

• Real estate or valuable personal property

• Business interests or income from self-employment

• Retirement accounts or other financial benefits

Our lawyers at the Law Office of Kyle Whitaker can review available financial records and other information for signs that assets may not have been fully disclosed.

What Does Texas Law Say About Hidden Assets in Divorce?

Texas law provides specific remedies when a spouse commits fraud on the community estate. Texas Family Code Section 7.009 addresses fraud on the community and the division of a reconstituted estate. The statute requires the court to calculate the amount by which the community estate was depleted because of actual or constructive fraud and determine a just and right division of the reconstituted estate. 

The court may also award the wronged spouse a money judgment, an appropriate share of the remaining community estate, or both.

This law can become important when a spouse deliberately transfers, wastes, or conceals community assets. The specific facts of the case matter when determining the appropriate legal remedy.

What Should You Do If You Suspect Hidden Assets?

If you believe your spouse is hiding assets, avoid taking matters into your own hands. Do not access accounts or devices without authorization. Instead, preserve financial records that you already have lawful access to and provide them to our lawyers for review.

Our attorneys can examine the available information and determine what additional evidence may be needed. Depending on the circumstances, the divorce process can involve requests for financial documents and other forms of discovery designed to obtain information relevant to the marital estate.

Let an Experienced Fort Worth Divorce Attorney Help Protect Your Rights

Hidden assets can make an already difficult divorce more complicated. The Law Office of Kyle Whitaker can help you pursue a fair division of property. If you need assistance from a divorce attorney in Fort Worth, TX, contact us today online or by calling 817-332-7703 to schedule a case assessment with our knowledgeable legal team.