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By Rick Navarrete
Attorney

Is your spouse concealing assets?

Texas law requires that divorcing spouses disclose all relevant information regarding their assets, which includes any financial accounts, retirement assets, property, and the like. Assets that a spouse attempts to purposely conceal or transfer in order for the other spouse to be unable to claim them are called hidden assets. Spouses who suspect their soon to be ex may be concealing assets will need to take action to uncover these assets so that they receive the property to which they are legally entitled. Our Midland, Texas divorce lawyers discuss the types of assets that are commonly concealed and what you should do if you suspect assets are being concealed. 

Commonly Concealed Assets

Certain assets are more often hidden during a divorce than others. Examples of assets that may be hidden include:

  • Cash:  Cash is the most commonly concealed asset because it is difficult to trace.
  • Accounts:  Some spouses may try to divert marital funds to accounts set up for another person, such as a relative, friend, or child.  
  • Income:  Those who are self-employed will often attempt to falsely deflate their income in order to force the other spouse to receive less in the divorce settlement.  Business owners may attempt to lower their salary, skim cash from the register, delay signing business contracts, and more.
  • Benefits:  At times, a spouse will not notify the other of the existence of retirement accounts or eligibility to receive these funds through an employer.
  • Collectibles:  Individuals who own collectibles or antiques may attempt to assign a far lower value to these items, knowing it can be hard to determine their value.

It is not legal to purposefully conceal assets in a divorce case. If your spouse is found to be intentionally concealing assets, he or she could be charged with fraud, contempt of court, perjury, and civil court violations.  First, however, you will need to uncover the hidden assets. Notify your attorney right away if you believe your spouse is hiding assets. Your attorney will involve the court and use subpoenas, along with other investigative means, to discover the hidden assets. Swift action will ensure that you receive the assets you deserve during your divorce. 

About the Author
Rick Navarrete, a graduate of Angelo State University and Texas Tech University School of Law, has been serving the Permian Basin for over 24 years, with his practice extending across Texas. Specializing in criminal defense and family law, Rick has tried hundreds of cases before juries and judges, including high-profile matters. His extensive experience has honed a deep understanding of the law, enabling him to effectively prosecute, defend, and protect his clients’ interests. Rick has built a firm culture that prioritizes exceptional client service and personalized attention. Known for his zealous courtroom advocacy, he is equally dedicated to educating his clients throughout the litigation process. This commitment has earned him a reputation as one of the area’s most sought-after trial attorneys. Rick is an active member of the Texas Criminal Defense Lawyers Association, the Texas Family Law Section, and the Administration of Rules of Evidence Committee for the State Bar of Texas. He has also served as President of the Midland County Young Lawyers Association and on the Bar Leadership Committee of the State Bar of Texas. Among his many accolades, Rick has been recognized as a Texas Super Lawyer and included in the Best Lawyers in America.