Divorce is tough. Emotionally, mentally, and financially. But what happens if your spouse empties your joint bank account right before the split? It’s more common than you might think, and it can put you in a tough spot. If you’re facing this situation in Texas, don’t panic. There are legal protections in place, and there are smart legal steps you can take right away.
This article breaks down what to do if your spouse drains your shared accounts, what the Texas Family Code says about it, and how working with an experienced divorce attorney can help protect your rights and financial future.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
First Things First: Don’t Wait, Take Action
If you find that your joint bank account has been emptied:
- Contact your bank immediately. Ask for a transaction history and freeze the account if needed.
- Start gathering financial records. Print statements, track deposits, withdrawals, and transfers. You’ll need this for the divorce process.
- Talk to a divorce attorney. You’ll need someone experienced in divorce asset split and marriage asset division to guide you.
Why It Matters: Financial Misconduct Before Divorce
In Texas, community property rules apply to most assets (and debts) acquired during the marriage. This means both spouses have equal ownership. If one spouse suddenly transfers, hides, or spends shared funds without the other’s knowledge or consent, it can be considered “fraud on the community.”
Let’s say your spouse transfers $30,000 from your joint savings account to a secret personal account and files for divorce two weeks later. That’s not just suspicious, it’s legally significant.
What Texas Law Says: The Texas Family Code
Under the Texas Family Code § 7.001, courts are required to divide community property in a manner that is “just and right.” This gives judges flexibility, especially when one spouse has acted unfairly.
The law also considers “fraud on the community”, which happens when one spouse uses community property for purposes that don’t benefit the marriage, like hiding money or spending large amounts right before divorce.
Texas Family Code § 7.009: In cases of fraud, the court may order a reconstitution of the estate, meaning they’ll pretend the money is still there and divide property accordingly, or award the wronged spouse more from the remaining assets.
So, draining the account doesn’t mean they “win.” The court can correct unfair financial moves.
What If There’s a Prenup or Postnup?
If you’ve signed a prenuptial agreement or postnuptial agreement, the situation might be handled differently. These legal documents often outline how financial matters like shared accounts will be handled in a divorce.
A prenuptial agreement lawyer or someone offering postnuptial agreement services can help review your documents and enforce their terms in court.
Real-Life Example
Let’s say Sarah and James are married in Texas. They share two checking accounts and a savings account. Two weeks before Sarah files for divorce, James withdraws $40,000 and deposits it into a separate account under his name. He says it’s to “protect himself.”
When Sarah contacts her Fort Worth divorce lawyer, she learns this could be considered fraud. Her spousal maintenance attorney helps her file a motion, and the court reviews James’s actions. In the final judgment, Sarah is awarded a larger share of the remaining marital property to make up for the missing funds.
Can the Court Make Them Pay It Back?
Yes. Texas courts can:
- Order reimbursement of the withdrawn amount
- Award a greater share of property to the wronged spouse
- Use the amount taken as part of calculating spousal support or temporary orders
Temporary Orders Can Help Protect You
Before your divorce is finalized, your attorney can ask the court for temporary orders. These can:
- Stop your spouse from touching certain accounts
- Order them to return the funds
- Require both parties to maintain the financial status quo
This is especially helpful in contested divorce cases where both sides disagree on who gets what.
Don’t Go Through It Alone: Why Legal Help Matters
Handling this kind of situation alone can feel overwhelming. It’s important to work with a legal team that understands family law inside and out.
At Turner-Monahan, PLLC, our team includes:
- The best divorce attorney in Fort Worth and across Tarrant County
- Legal experts in marriage asset division, high net worth divorce, and legal separation
- Affordable, experienced lawyers offering free divorce consultations
We’ve seen it all, from military divorces to complex high-asset splits, and we fight hard to protect your financial future.
Turner Monahan PLLC – Here to Support You
If your spouse drains your joint bank account before or during a divorce, you don’t have to stay silent or stuck. The law is on your side, and so are we.
Turner-Monahan PLLC has helped clients across Fort Worth, Dallas, Cleburne, and the DFW area navigate the most difficult parts of divorce. We’ve handled over 1,000 divorce cases, and we’re ready to help you, too.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
