Thinking about divorce? Or maybe you’re not quite there yet—but something feels off. Either way, it’s smart to start thinking ahead, especially when it comes to your finances. Divorce can seriously shake things up, and if you’re in Texas, the way your assets are split may not be as simple as “what’s mine is mine.”
This post is here to help you get ahead of the mess. No scare tactics. Just clear steps to protect what’s yours—legally and effectively.
Step 1: Understand What You Actually Own
Let’s start with this: not everything you own is automatically up for grabs in a divorce. Texas is a community property state, which means that most things you and your spouse acquired during the marriage are considered joint property. That includes income, houses, cars, and even debts.
But here’s the catch:
You do have property that’s likely yours alone—what Texas law calls separate property. That includes:
- Anything you owned before you got married
- Gifts or inheritances that were meant just for you
- Certain personal injury settlements
📌Action tip:
Start a list of what you believe is separate property. Include where it came from and when. If you have paperwork to back it up (like a deed, bank statement, or gift letter), make copies and store them in a safe place.
Step 2: Gather Your Financial Records—Now, Not Later
If a divorce is on the horizon, waiting to get organized is a mistake. Once things get emotional—or legal—documents can get misplaced, access can get restricted, or accounts may be closed.
Start gathering these right away:
- Bank and credit card statements
- Mortgage and property documents
- Retirement and investment account records
- Pay stubs and tax returns
- Business contracts or ownership documents
- Loan agreements or debts in your name
📌Action tip:
Save everything digitally, with backups. Make sure you have solo access to copies, whether in a secure cloud folder or an encrypted external drive.
Step 3: Keep Your Money from Getting Mixed Up
One of the easiest ways to lose separate property rights is to commingle your assets. That means mixing what’s legally yours with community property. For example:
- Putting an inheritance into a joint account
- Using marital income to improve a house you owned before the marriage
- Paying off your spouse’s student loan with your separate savings
Once funds are mixed, it’s hard to prove what was yours to begin with—and the court may decide it’s shared.
📌Action tip:
If you receive money that’s meant just for you, put it in an account that’s in your name only. Don’t use that money for shared expenses unless you want it treated as shared property.
Step 4: Think About a Postnup (Yes, That’s a Real Thing)
A postnuptial agreement is like a prenup, but you sign it after you’re married. It lets you and your spouse agree on who gets what if things go south. If you’re both willing to talk through financial boundaries or changes in the relationship—say, one of you inherited a large amount or started a business—a postnup can protect both sides.
📌Action tip:
Don’t just Google a template. These need to be carefully drafted to hold up in court. Talk to a family law attorney (we know a good one!) to find out if this option makes sense.
Step 5: Pay Attention to Business Ownership
If you own a business—or even part of one—that’s an area where things can get complicated fast. Even if your spouse had nothing to do with it, the business could still be considered community property, especially if it was started or grew during the marriage.
📌Action tip:
Start pulling together documents like formation papers, operating agreements, profit and loss statements, and anything else that shows how the business was managed and funded. It could impact whether your spouse has a claim—or how big that claim might be.
Step 6: Build Your Team Early
Don’t wait until divorce papers are filed to get legal and financial advice. Planning ahead doesn’t mean you’re giving up on the marriage. It means you’re being responsible about your future.
Who should be on your radar?
- A Texas family law attorney (that’s us!)
- A financial advisor
- A CPA or tax expert
- Possibly a forensic accountant if you suspect money is being hidden
📌Action tip:
Schedule a consultation—even if you’re just exploring your options. The earlier you act, the more control you keep.
Step 7: Don’t Shoot Yourself in the Foot
Here’s what not to do:
❌ Don’t hide assets or move money under someone else’s name
❌ Don’t go on a spending spree or try to “burn through” the money
❌ Don’t change account passwords without legal advice
❌ Don’t leave a paper trail that could make you look dishonest in court
These moves almost always come back to haunt people—and judges don’t like it.
📌Action tip:
Keep your behavior calm, legal, and well-documented. The court will look at conduct, not just numbers.
FAQs About Protecting Assets Before Divorce in Texas
Can I move money to a separate bank account before filing for divorce?
Yes, but do it carefully. Moving your separate property or a fair share of community funds into a separate account is legal—as long as you’re not trying to hide money or harm your spouse financially. Transparency matters. It’s a good idea to consult with an attorney before making any major changes so you don’t get accused of misconduct.
What happens if my spouse has been hiding assets?
If you suspect your spouse is hiding money, property, or other assets, you’re not powerless. Texas law allows for discovery during divorce, which means both sides are required to fully disclose their finances. A family law attorney can help you request documents, subpoena records, and, in some cases, bring in a forensic accountant to trace hidden funds.
Can I sell property before filing for divorce?
Selling marital property without your spouse’s consent—especially right before filing—can raise red flags in court. If it looks like you’re trying to reduce the value of the marital estate or cut your spouse out of their share, the judge may reverse the sale or penalize you. If you need to sell something (like a vehicle or a second home), get legal advice first.
Does a prenup override Texas community property laws?
Yes, a properly written and signed prenuptial agreement can override default community property rules. If you have a prenup, bring it to your attorney early in the process so they can assess how it applies to your current situation.
What if my name isn’t on the house or other property? Do I still have a right to it?
Possibly. In Texas, whose name is on the title doesn’t always determine ownership. If the home or property was bought during the marriage—using community funds—it’s likely considered community property, even if only one name is listed. The same goes for vehicles, investments, and other assets.
Should I stop contributing to joint accounts?
If you’re considering separation, it’s smart to take a closer look at shared accounts. But don’t stop contributing or withdraw money without a plan. Courts may look at any sudden changes as suspicious. Talk to an attorney about how to protect your share without causing legal or financial backlash.
Can I make my spouse leave the house during a divorce?
Not automatically. Both spouses typically have the right to stay in the marital home until a court orders otherwise. In some cases—like domestic violence or safety concerns—you can ask for a temporary order that gives you exclusive use of the home during the divorce process.
One Last Thought
You don’t need to panic. But if you’re thinking about divorce, being unprepared can cost you a lot—financially and emotionally. Even small steps now can make a big difference down the line.
Need help getting your assets in order before a divorce?
Call Brandi Wolfe Law at (210) 571-0400. We’ll walk you through your options and help you protect what you’ve worked hard for.