My spouse controls the money, the information and the house
If your spouse controls the money, the account passwords or the house, you still have rights in a Texas divorce. Property either spouse has during the marriage is presumed to be community property, whoever's name is on it. Once a case is filed, the court can order financial disclosure, set rules about spending and decide who lives in the home while the case is open. Start by gathering what you can lawfully reach, and talk to a lawyer before you make a move.
What this can look like
Every household divides up tasks. This is different. You may not know what's in the accounts. You may need permission to spend money, or have no money of your own. Your spouse may hold all the passwords, keep the mail from you, or make it clear that the house, the cars and the business are "theirs."
If that sounds familiar, you may feel you can't leave because you can't see the full picture. That's a real fear, and it has practical answers.
If you're afraid for your safety
Control over money sometimes comes with threats or violence. If you or your children are in danger, call 911. A protective order may be available. Read about protective orders. Plan any steps with your safety in mind, including what your spouse can see on shared phones, computers and accounts.
What Texas law says about whose property it is
Texas presumes that property either spouse has during the marriage is community property (Tex. Fam. Code §3.003). An account in only your spouse's name may still be community property. A spouse who claims something is separate has to prove it by clear and convincing evidence.
Texas law also has remedies when a spouse wrongfully depletes the community estate. If a court finds fraud on the community, it can calculate what the estate would have been and divide that amount, including by money judgment (Tex. Fam. Code §7.009). Whether that applies depends on the facts and the proof.
What you can do now
- Write down what you know. Banks, brokerages, retirement plans, properties, vehicles, debts, the business, where the paperwork is kept. Even partial notes help.
- Copy what's already available to you. Joint tax returns, statements that come to your shared mailbox, documents in shared files at home. Keep copies somewhere your spouse can't reach.
- Secure your own accounts. Change passwords on your own email, phone and cloud accounts. Check for shared logins and location sharing.
- Don't take what isn't yours to see. Logging in to your spouse's email, phone or personal accounts without permission can be a crime and can hurt your case. Read more about gathering evidence the right way.
- Get advice before moving money. Taking funds or opening new accounts may seem sensible, but it can raise questions later. Once a case is filed in Dallas, Collin or Denton County, a standing order limits what either spouse may do with property.
What the court can do once a case is filed
Standing orders
In Dallas, Collin and Denton counties, a standing order applies automatically once a divorce is filed. These generally bar hiding, destroying or transferring property. Dallas's order also bars getting into the other spouse's accounts without permission (Dallas County standing order). Tarrant County has no automatic standing order, so you'd generally have to ask the court for these protections.
Temporary orders
While the divorce is pending, a Texas court can order, among other things (Tex. Fam. Code §6.502):
- A sworn inventory and appraisement of property and debts.
- Production of books, papers and documents.
- Support payments for a spouse.
- Payment of reasonable attorney's fees and expenses.
- Exclusive occupancy of the home for one spouse while the case is pending.
- Limits on spending beyond reasonable and necessary living expenses.
Disclosure
A divorce case has formal ways to require your spouse to produce financial records, answer questions under oath and account for money. Some counties require it as a matter of course. In contested Denton County divorces, each side must exchange a sworn inventory, financial statement, tax returns, pay stubs and insurance documents (Denton County Uniform Rules, Rule 3.3).
You don't have to have every answer first
Many people wait to talk to a lawyer until they've "figured out the finances." You don't need to. The case itself has tools for that. Scott studied accounting before law school and is comfortable working through financial records. He is Board Certified, Family Law — Texas Board of Legal Specialization, and his first consultation is free and confidential.
Questions people ask
I don't have any money of my own. Can I still afford a divorce?
Texas courts can order one spouse to pay reasonable attorney's fees and expenses while the case is pending. Whether that happens depends on your situation. Ask about it in your first consultation.
Everything is in my spouse's name. Does that mean it's theirs?
Not necessarily. Texas presumes property either spouse has during the marriage is community property, regardless of whose name is on it.
Can I make my spouse leave the house?
A court can award one spouse exclusive occupancy of the home while the case is pending. If there's been violence or threats, a protective order may also be possible. It depends on the facts.
What if my spouse is hiding or spending money?
Write down what you've noticed and keep any records you lawfully have. Standing orders in some counties bar hiding or transferring property, and Texas law has remedies when a spouse wrongfully depletes the community estate.
