Discovery · Ending a marriage No. 04
Hidden assets
When income drops on cue, accounts go quiet, or money moves to a relative, we follow the paper rather than the suspicion.
(What this involves)
How we approach it
Most spouses who worry about hidden assets are not imagining things, and most are not right about every detail either. Our job is to find out which. Formal discovery lets us require sworn inventories, subpoena bank and brokerage records, and question people under oath.
Where the trail is complex, we work with a forensic accountant who rebuilds the money flow from records. Where it is simple, we do not spend your money on one.
This may apply if
- Your spouse controls the finances and you cannot see the statements
- Business income fell right before or after divorce was discussed
- Large cash withdrawals, new accounts or transfers to family members
- Bonuses or deals that seem to be delayed until after the divorce
- Spending that does not match the income being reported
Questions we answer early
- 01 What records can we demand, and from whom?
- 02 Can a court account for money that was wasted or given away?
- 03 Are there accounts or entities we do not know about?
- 04 How do we test a business's reported income?
- 05 Is a forensic accountant worth the cost here?
Illustration · following one transfer
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Step 1
Joint checking
Monthly statements show a large withdrawal in March.
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Step 2
Business operating account
A matching deposit, recorded as a loan to the company.
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Step 3
A relative's account
The same amount leaves the company two weeks later.
Sworn inventory
Each spouse lists every asset under oath.
Subpoenas
Banks and brokers produce records directly.
Depositions
Questions answered under oath, on the record.
How the work runs § 2
Four steps, in order.
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01
Map
What you already know: tax returns, statements, lifestyle and the timing of changes.
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02
Demand
Sworn inventories, document requests and subpoenas to banks, brokers and businesses.
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03
Trace
Transfers followed across accounts and entities, with a forensic accountant when needed.
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04
Present
One clear exhibit a mediator or judge can follow, not a box of statements.
The law, in general terms
Texas, in general terms
Texas recognizes a claim called fraud on the community. If one spouse wasted community property or transferred it unfairly, the court can add that value back into the estate before dividing it.
Rules differ by state
Other states call this dissipation or waste and handle it in their own ways. Discovery tools and deadlines also vary by state and by court.
General information, not legal advice. Your facts, and the law that applies to them, are what the consultation is for.
Example costs § 3
What it can cost, in examples.
Ranges from recent matters, not quotes. Outside experts bill separately. After the consultation you receive a written estimate for your case.
All fees and retainersOften asked
Should I copy my spouse's financial files before I leave?
Talk to us first. Some records you can lawfully keep copies of. Getting into a spouse's private email or password-protected accounts can create serious legal problems for you. We will tell you what is safe to gather.
Is a forensic accountant always worth it?
No. We recommend one when the likely recovery clearly exceeds the cost, or when the business records are too complex to test without one. Sometimes subpoenaed bank records tell the whole story.
Talk to us about hidden assets
Names first for the conflict check, then a 90-minute strategy consultation with the attorney who leads this work. No details through the form, please.
Or call the office
(214) 555-0163We never leave a detailed voicemail unless you tell us it is safe.