Legal Question in Family Law in Texas

Spouse hiding community property

My husband has withdrawn $25,000 out of his checking account in an attempt to hide it from me. We have recently separated. $7,000 of the 25 was withdrawn the day after we separated and he told me he was going to see a lawyer about a divorce. When I found out he told me he gave the money to his kids and he said who is to say you didn't agree to this when we were getting along & now are just trying to get it back. Well I didn't not agree because that never happened. Plus I have a son (from a prev. marriage) and surely a judge won't believe that I gave his kids 12,500 each and my son ZERO. Can he get away with this? It's community property, however he doesn't think so because I don't work outside the home (a housewife) and he makes all the money so he thinks he can do with it as he pleases. I don't work at his request (he travels with his job & I go with him). He will be accountable for this money, right? How do judges in general look upon a spouse who trys to hide community assets?


Asked on 8/21/05, 4:40 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Spouse hiding community property

My advice to you would that you need to file for divorce, ask for temporary orders that neither of you can hide or transfer assets.

You will probably need to depose him and/or ask for discovery.

I hear all the time that since only he worked it's his money. Unfortunately, in Texas it is community property. Of course, inheritance and gifts are considered separate property. If this money was inherited by him from a relative, then it's his money.

If you have any paperwork on the account, it would be helpful.

Your attorney can instruct you on what you need to do.

You need to act quickly, otherwise the courts will take your less seriously. For example, if you wait one or two years, then the courts tend to say you agreed to it.

Find an attorney and talk to that person for details about your county.

I've based my answer on the info. given, you really need to talk to someone about the individual facts of your case.

Good luck!

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Answered on 8/21/05, 6:04 pm


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