When you file for divorce in Texas, you likely understand that the following weeks (and, perhaps months) will fill with challenges of all sorts, as well as many important decisions. Hopefully, you'll be able to nip any problems that arise in the bud before things get out of hand. Are you currently trying to figure out what to do about a certain suspicion you have regarding assets to which you believe you're entitled? Property division is an aspect of divorce where disputes surface.
This is a community property state, so all marital property is split 50/50. You may already know that, and that's why you became concerned when your spouse started doing some strange things not long after you filed your divorce papers. Was money leaving your joint bank account without your permission one of the first things you noticed? If so, then you might be among many others in the state who suspect their spouses of hiding assets in divorce.
First off, let's remember that it's illegal
On one hand, you might understand how some spouses get angry or frustrated when their partners file for divorce, so they start doing little things here or there to get back at them. However, hiding assets so they won't be subject to property division is against the law. The following list may help you determine if that's the type of issue with which you might be dealing:
- Not only are cash withdrawals without consent cause for suspicion, but if your spouse also recently opened a non-joint bank account, you really might want to inquire further about where the withdrawn money went.
- If your spouse is using several cell phones, it might also raise a red flag, or if he or she suddenly claims the hard-drive on your computer died. (If you go to use your computer and notice someone has removed the hard-drive, it's even more suspicious.)
- Perhaps your spouse has given money to other people, claiming to owe them or to be issuing them a loan. This is a common means for hiding assets in divorce. A spouse will ask a third party to hold onto money until the court issues a divorce decree.
You may also notice luxury items being sold or assets listed under their market values when creating lists for net worth. The bottom line is that no one has a right to keep from you what rightfully belongs to you when you divorce. There are typically several options available to rectify such problems.
Most experienced family law attorneys have keen investigative skills and can help you track your assets down, then act on your behalf if litigation takes place.