Hidden Assets, Drained Accounts and Temporary Orders in Texas

Can I protect myself if my spouse is hiding financial information?

Yes. Texas gives you several layers of protection when a spouse hides money: court-ordered disclosure, third-party subpoenas, sworn inventories and, at the end, a division that can account for what was concealed.

Start with what you can lawfully gather now: tax returns, bank and credit card statements, retirement account statements, loan applications and business records you already have access to. Loan applications are often revealing because people tend to list their assets generously when they want credit.

Warning signs worth writing down

• Mail or statements that suddenly stop arriving at the house.
• New accounts, new passwords or a second phone.
• A drop in reported business income just as the marriage breaks down.
• Large cash withdrawals, loans to friends or relatives, or payments to people you do not know.
• Assets moved into a business, a trust or someone else's name.

None of these proves wrongdoing on its own. Together, with dates, they show your lawyer where to aim discovery and subpoenas.

Can a judge order my spouse to provide financial records?

Yes. Under Texas Family Code § 6.502 a judge can order a spouse to produce books, papers, documents and other items, and to file a sworn inventory and appraisal of the property and a list of the debts.

Formal discovery adds more tools: written questions answered under oath, requests for production and depositions. A spouse who refuses to comply can face court sanctions, and a judge can draw conclusions from a party who will not produce what the rules require.

The sworn inventory is especially useful. Once your spouse signs a list of property and debts under oath, an asset that later turns up and was left off becomes a credibility problem for them at trial. Your own inventory should be complete and accurate for the same reason.

Where a business is involved, the records reach further: tax returns, general ledgers, payroll, bank statements of the company and owner draws. John B. Polk works with CPAs and valuation experts to read those records and spot income or value that does not add up. See business valuation and protection.

Can divorce attorneys subpoena bank records?

Yes. Under the Texas Rules of Civil Procedure, a lawyer can subpoena records from a bank, brokerage, employer or other third party, with notice to the other side.

Third-party records matter because they do not depend on your spouse's honesty. Where the trail is complicated, such as cash businesses, transfers between accounts or income that does not match the lifestyle, John B. Polk works with forensic accountants to trace where money went. See property division for how that tracing affects the split.

What if my spouse starts spending our savings before the divorce?

Ask the court to stop it, and the spending can be counted against your spouse later. Texas Family Code § 6.501 allows temporary restraining orders against hiding or destroying property and misusing funds, and § 6.502 allows orders limiting spending to reasonable and necessary living expenses and business expenses.

If money was already wasted or given away, Texas Family Code § 7.009 lets the court find fraud on the community. The court then calculates a reconstituted estate, adding back the value lost, and can divide what remains to make up for it, including a money judgment against the spouse who committed the fraud.

• Write down account balances now, with dates.
• Note unusual withdrawals, transfers, gifts or large purchases.
• Tell your lawyer quickly; a restraining order works best before the money is gone.

Can I request emergency orders during a divorce?

Yes. Texas courts can issue temporary restraining orders quickly, before a full hearing, when you show an immediate risk to property or a person, followed by a hearing on longer temporary orders.

Emergency relief can cover the children, the home, bank accounts and contact between spouses. Where there is family violence or a credible threat of it, a protective order is a separate remedy with its own rules. The evidence you bring, such as messages, photos, police reports or account statements, decides whether a judge acts.

A request for emergency orders should be specific. Judges respond to a clear account of what happened, when, and what harm will follow if nothing is done before a full hearing. Vague fears or general complaints about a spouse rarely support emergency relief.

What happens if my spouse doesn't follow temporary court orders?

You can ask the court to enforce them, and a spouse who violates a temporary order or injunction can be held in contempt. Contempt can mean fines or jail, and the court can order the violating spouse to pay your attorney's fees.

Enforcement needs proof: dates, messages, bank records or witnesses that show exactly which order was broken and how. Courts also remember. A spouse who ignores orders before trial damages their credibility on custody and property at trial. Keep a simple log and send it to your lawyer rather than arguing with your spouse.

Common violations include missed temporary support payments, withdrawals from accounts the order froze, selling or hiding property, denying court-ordered time with the children, and contact the order prohibits. Each one is easier to enforce when you can point to the exact paragraph of the order and the exact date it was broken.

If you are facing this now, contact John B. Polk to talk through what can be done quickly.