What to Do When Your Spouse Hides Your Property in a Divorce?

You can get back property taken by your spouse.

Though many divorces are handled in an amicable fashion, some can be savage battles. Even worse, some family law litigants are not willing to play by the rules. The laws of every jurisdiction require the parties in a divorce action to disclose their assets. However, some litigants not only refuse to disclose their own property, they may hide an estranged spouse's property.

Negotiation

Negotiate before going to court.

Not only do judges prefer that opposing parties settle matters outside of the courtroom, it is good for both people in the divorce action. Jeff Thomas, a family law attorney in St. Robert, Missouri, suggests speaking with your spouse before taking more aggressive action. "When kids are involved, it is always easier for people to live with something they have agreed to rather than putting it in the hands of the judge," Thomas says.

Discovery

You can request bank records to determine where money is being held.

Making a formal request for the discovery of assets will obligate your spouse to reveal all property that is held. You must serve on your spouse a request for documents. This request must indicate with some degree of specificity which items you are seeking. If you know the names of the banks where money is held, state them in your request.

Injunction and Replevin

Asking the court for an injunction is another way to prevent the secret movement of assets. You can ask the court for an injunction ordering your spouse to refrain from taking specific actions. The injunction could state that your spouse is forbidden to sell or transfer assets that are valued above a certain dollar amount.

File a suit for replevin of your property. This is an action seeking the return of personal property; it is most useful when you know which items are missing.

Depositions

A deposition is a conference prior to the trial at which you or your attorney can question witnesses. Subjecting your spouse, his family members or friends to a deposition can be the sword needed to win your war. Two things can happen. One, a witness can reveal valuable information about assets and business activities. Two, reminding a witness that his testimony is subject to penalty for perjury can transform even the most reluctant witness into a valuable source of evidence for your case.

You can also demand that a witness bring certain documents to the deposition. When your spouse is the witness, demand that he bring bank account records and deeds to real property.

References

• Cornell University Law School Federal Rules of Civil Procedure Rule 34
• Free Advice Divorce Law