Protecting Your Assets in Divorce: What You Need to Know Before Filing

Divorce is never easy, emotionally or financially. One of the most pressing concerns for anyone considering divorce is how to protect their assets. Whether you own a home, a business, retirement accounts, or other valuable property, understanding your rights and responsibilities under Texas law is crucial before filing.

Here are a few key things to know about protecting your assets in a Texas divorce, and how to prepare yourself for the process.

1. Understand Texas is a Community Property State

Texas is one of nine community property states, which means that most assets acquired during the marriage are considered jointly owned. This includes:

• Income earned by either spouse
• Homes or vehicles purchased during the marriage
• Retirement accounts or investments funded with marital income

Separate property—such as assets owned before the marriage, inheritances, or gifts specifically given to one spouse—is generally not divided, but it must be proven.

Tip: Keep clear documentation of any separate property you wish to protect.

2. Take Inventory of All Assets and Debts

Before you file, make a detailed list of:

• Real estate
• Bank accounts
• Investment portfolios
• Retirement accounts
• Vehicles
• Business interests
• Debts or liabilities (credit cards, loans, mortgages)

This step not only prepares you for disclosure (required in divorce proceedings), but it also helps identify what might be subject to division.

3. Avoid Hiding Assets

It might be tempting to transfer money or property to family or friends, but doing so can backfire. The court can penalize you for attempting to hide assets, and it could damage your credibility during the divorce process.

Instead, work with a family law attorney to discuss legal ways to protect what’s yours.

4. Know the Value of What You Own

Accurate valuation is critical, especially for real estate, businesses, and retirement accounts. Misjudging the worth of certain assets can lead to unfair settlements.

Consider professional appraisals or financial experts to assess the true value of:

• Property
• Businesses
• Pension or retirement accounts
• Valuable personal property (jewelry, collectibles, etc.)

5. Consider a Temporary Restraining Order (TRO)

In some cases, it may be appropriate to request a Temporary Restraining Order when filing for divorce. A TRO can help prevent your spouse from:

• Hiding, selling, or spending shared assets
• Changing beneficiaries on insurance policies
• Taking on large debts in your name

Talk to your attorney to see if this is the right strategy for your situation.

6. Work With a Skilled Divorce Attorney

Protecting your assets during a divorce isn’t something you should handle alone. The right legal guidance can make all the difference in safeguarding your financial future.

At Schneider Law Firm, we help clients navigate complex divorce matters with confidence. Whether you’re dealing with high-value assets, business ownership, or retirement concerns, we provide aggressive and strategic representation tailored to your needs.

Final Thoughts

Preparing for divorce means more than just preparing emotionally—it’s also about protecting your financial future. By understanding your rights, gathering proper documentation, and working with an experienced divorce lawyer, you can take steps to ensure a fair and secure outcome.

Protect your assets and your peace of mind.
Schneider Law Firm offers free, confidential consultations with skilled divorce lawyers in Fort Worth, Arlington, and Mansfield. Call today to get the trusted legal support you deserve.