From Suspicion to Discovery—Learn the Legal Tools and Smart Strategies to Find Out What Your Husband Really Owns Before Filing for Divorce
Divorce can be emotionally exhausting—and financially high-stakes. If you're preparing for a divorce in Georgia and have concerns that your husband may be hiding or failing to disclose assets, you're not alone.
Unfortunately, hidden assets are a common issue in contested divorces, particularly when one spouse has controlled the finances during the marriage.
The good news is that Georgia law provides legal avenues to identify and uncover marital and separate property. Whether it’s a hidden bank account, undisclosed business interest, or real estate in someone else’s name, there are investigative and legal tools available to get the full picture.
At The Sherman Law Group, our family law attorneys have helped countless clients protect their financial future by ensuring all assets are revealed, fairly classified, and equitably divided.
In this comprehensive guide, we’ll explain how you can find out what your husband owns—and how to protect yourself before, during, and after the divorce.
1. Why It’s Critical to Identify All Assets
The outcome of your divorce hinges on a full and accurate understanding of your marital estate. If assets are hidden or misrepresented, you could walk away with significantly less than you're entitled to under Georgia law.
Uncovering assets means:
- Ensuring a fair division of property
- Establishing accurate alimony calculations
- Determining appropriate child support
- Protecting your financial stability post-divorce
2. What Counts as “Assets” in a Georgia Divorce?
Under Georgia law, assets generally fall into two categories:
- Marital Property: Anything acquired during the marriage (regardless of title) is subject to equitable division.
- Separate Property: Assets acquired before the marriage or via inheritance or gift (to one party only) usually remain separate.
Assets can include:
- Real estate (residential, commercial, vacation properties)
- Bank accounts (checking, savings, CDs)
- Investment portfolios
- Retirement accounts (401(k), pensions, IRAs)
- Businesses or business interests
- Vehicles
- Jewelry and collectibles
- Cryptocurrency
- Offshore assets
3. Common Signs Your Husband Might Be Hiding Assets
Hiding assets can take many forms. Be on the lookout for red flags such as:
- Sudden changes in bank or credit card activity
- Transferring money to family members or friends
- Understating income on tax returns
- Overpaying the IRS (to create a "refund" after divorce)
- Claiming business losses that don’t add up
- Secret accounts or post office boxes
- Cryptocurrency purchases or unexplained transactions
If you suspect your spouse is concealing property, time is of the essence to begin the discovery process.
4. Start with What You Know: Gather Financial Documents
Before you file for divorce or begin legal proceedings, start gathering as much information as you can:
- Tax returns (at least 3 years)
- Bank and credit card statements
- Pay stubs and W-2s
- Mortgage and loan documents
- Retirement account statements
- Insurance policies
- Business documents (if self-employed)
Organize these records by date and category. Even if your name isn’t on the accounts, documentation is key.
5. Legal Tools to Discover Hidden Assets
Once your divorce is underway, your attorney can utilize formal legal procedures to uncover undisclosed property.
a. Discovery Process
This is a court-supervised information exchange. Each spouse must disclose assets under oath. Lying in discovery can lead to legal consequences.
b. Subpoenas
A subpoena can compel financial institutions, employers, or other third parties to provide records. If your husband is hiding bank accounts, for example, a subpoena can force the bank to provide details.
c. Depositions
During a deposition, your husband will answer questions under oath with a court reporter present. Any lies or omissions can be used against him in court.
d. Interrogatories
These are written questions submitted under oath. They can force your husband to disclose detailed information about income, expenses, and assets.
6. Using a Forensic Accountant
A forensic accountant specializes in tracing money and revealing financial misconduct. They can:
- Analyze income versus spending habits
- Track down hidden accounts or investments
- Investigate business records for false expenses
- Uncover attempts to undervalue assets
Although hiring one is an investment, it often pays off many times over in high-asset or complex divorces.
7. Using a Private Investigator
In some cases, a licensed private investigator can uncover:
- Hidden property (cars, land, valuables)
- Secretive spending
- Unreported income or side jobs
- Affairs that may involve dissipating marital funds
PIs often use surveillance, public record searches, and social media analysis to uncover the truth.
8. Social Media and Lifestyle Clues
Don’t underestimate the power of social media. If your husband is posting about:
- Luxury purchases
- Vacations
- A new business
- High-end vehicles
…while claiming poverty in court, that evidence can be powerful. Screenshots and timelines can contradict sworn statements.
9. Business Interests and Hidden Value
If your husband owns or is involved in a business, there are many ways value can be hidden:
- Understating income
- Overpaying expenses
- Delaying contracts or invoices
- Paying ghost employees (who kick back funds)
Business valuations are essential. We often use financial experts to assess the true worth of business interests and ensure full disclosure.
10. Cryptocurrency and Digital Assets
Cryptocurrency (like Bitcoin or Ethereum) can be easily hidden without paper trails. Look for:
- Unexplained withdrawals
- Cryptocurrency wallet apps or exchanges
- Sudden financial “holes” that don’t match known spending
A forensic expert can help track blockchain activity if you suspect crypto is involved.
11. Real Estate: Domestic and International
It’s not uncommon for property to be held in:
- A family member’s name
- An LLC or business entity
- Out-of-state or foreign jurisdictions
We check property tax records, LLC ownership, and deeds to uncover real estate your husband might be hiding.
12. Offshore and Foreign Accounts
Offshore accounts are legal—but hiding them during a divorce is not. If your husband has international connections, business dealings, or dual citizenship, this is a possibility.
Experienced divorce lawyers can use international legal tools, expert accountants, and subpoenas to investigate further.
13. Working with Your Divorce Attorney
Your attorney is your strongest ally. Be honest about your suspicions. At The Sherman Law Group, we:
- Analyze initial disclosures
- Identify inconsistencies
- File motions to compel when your husband refuses to cooperate
- Use aggressive discovery tactics to expose wrongdoing
Our goal is full transparency and a fair outcome.
14. What Happens If Assets Are Hidden or Misrepresented?
Georgia courts take asset hiding seriously. If your husband is caught concealing property:
- The court can award you a greater share of the marital estate
- He may face contempt of court or sanctions
- He could lose credibility in custody or support matters
In extreme cases, asset hiding can lead to criminal charges, especially if fraud or perjury is involved.
15. Final Thoughts and Next Steps
Finding out what your husband owns in a Georgia divorce is not just possible—it’s critical to securing your future. Whether your spouse is trying to cheat the system or you simply lack access to the records, you have powerful legal tools available.
Take Action Now:
- Start gathering documents
- Document suspicious behavior
- Hire an experienced Georgia divorce lawyer
- Ask about discovery, subpoenas, and forensic experts
At The Sherman Law Group, we know how to uncover what’s being hidden. Whether it’s a secret bank account, a concealed business, or a shady offshore asset, we are relentless in protecting your rights and financial future.
Frequently Asked Questions (FAQ)
Q1: Can I legally search my husband’s financial records before we file for divorce?
A: You can legally gather any financial information that you have rightful access to—this includes joint bank accounts, shared tax returns, and documents in your home or online if you have authorized access. However, accessing accounts you’re not legally allowed to (like hacking into his email or bank account without permission) can violate privacy laws and hurt your case.
Q2: What if I don’t know anything about our finances—how do I begin?
A: Many spouses are kept in the dark financially. Start by collecting mail, reviewing shared accounts, and speaking with your divorce attorney. Once the divorce is filed, the discovery process can legally compel your husband to provide detailed financial disclosures.
Q3: Can my husband hide assets legally by putting them in someone else’s name?
A: No. Transferring assets to a friend, family member, or business partner to avoid dividing them in a divorce is considered fraudulent. Georgia courts can reverse these transfers and penalize the offending party.
Q4: What happens if my husband lies about his assets during the divorce?
A: If your husband is caught misrepresenting or hiding assets, the court may:
- Award you a greater share of the marital property
- Hold him in contempt
- Impose fines or sanctions
- Reopen the divorce judgment if fraud is discovered later
Q5: How long does it take to uncover hidden assets in a Georgia divorce?
A: It depends on the complexity of the case. If your husband owns a business, uses cryptocurrency, or has foreign accounts, it may take months and require subpoenas and forensic accounting. Simpler cases can be resolved more quickly during the discovery phase.
Q6: What is a forensic accountant, and when should I hire one?
A: A forensic accountant is a financial expert trained to investigate hidden income, track spending, analyze business records, and find discrepancies. If you suspect significant asset concealment or have a high-net-worth case, hiring a forensic accountant is a smart move.
Q7: Can I subpoena my husband’s employer or bank?
A: Yes, but your divorce attorney must do it through the court. Subpoenas can compel employers, banks, and even investment firms to release information about salary, bonuses, stock options, or hidden accounts.
Q8: Is it expensive to track down hidden assets?
A: There are costs involved (e.g., legal fees, accountants, private investigators), but failing to uncover hidden assets can cost you far more in the long run. Many clients find that investing in asset discovery results in a much better divorce settlement.
Q9: Will my husband know I’m investigating his assets?
A: If you’re gathering publicly available records or reviewing documents at home, he may not know. But once subpoenas or depositions are used through formal court processes, he will be aware that financial information is being sought.
Q10: Can I access cryptocurrency or digital assets during a divorce?
A: Yes, but it may take investigation. Your attorney can request disclosures of wallets, use subpoenas for crypto exchanges, and hire forensic specialists to trace blockchain transactions. Georgia courts consider cryptocurrency marital property when acquired during the marriage.
Q11: What if I find out about hidden assets after the divorce is finalized?
A: If you discover that your husband intentionally concealed assets during the divorce, you may be able to reopen the case. Georgia courts allow modifications or reversals in cases of fraud, but timing is crucial—contact your attorney immediately.
Q12: Can I find hidden real estate owned by my husband?
A: Yes. Property records are public. Your lawyer can run property searches under your husband’s name, aliases, or associated business names. Title searches, deed transfers, and tax records often reveal hidden ownership.
Q13: Is hiring a private investigator legal in Georgia divorce cases?
A: Yes. Private investigators are often used to uncover hidden assets, suspicious financial behavior, or fraudulent transfers. Make sure you hire a licensed PI who understands Georgia divorce law and evidence collection.
Q14: Will the court divide all assets 50/50 in Georgia?
A: Not necessarily. Georgia is an equitable distribution state, not a community property state. That means assets are divided “fairly,” but not always equally. Hiding assets can cause a judge to award more to the honest spouse.
Q15: Can The Sherman Law Group help me find hidden assets in my divorce?
A: Absolutely. We use all available legal tools—subpoenas, discovery, depositions, forensic analysis, and investigative strategies—to uncover the full picture of your husband’s finances and protect your rights. We’ve helped countless clients achieve fair and just outcomes.
Q16: Can my husband be forced to turn over passwords or logins to financial accounts?
A: While courts generally won't force someone to disclose private login credentials, they can compel the production of documents and account statements through discovery. If he refuses, your attorney can file a motion to compel or request sanctions.
Q17: How far back can I look at financial records in a divorce case?
A: Generally, three to five years of financial records are considered standard during divorce discovery in Georgia. However, if there’s reason to believe long-term concealment or fraud occurred, a judge may allow a deeper review.
Q18: What is a Rule Nisi or Motion to Compel in divorce cases?
A: A Rule Nisi is a court order requiring your husband to appear and respond to issues—often used when he refuses to comply with discovery. A Motion to Compel is filed to demand that he turn over requested documents or information. If he ignores it, the court may impose sanctions or penalties.
Q19: What if my husband claims everything is “in the business” and won’t show records?
A: Georgia courts don’t allow someone to shield personal wealth by hiding it inside a business. Business records can be subpoenaed and analyzed. If he co-mingles business and personal finances, that makes scrutiny even easier for your legal team.
Q20: Can I find out about hidden retirement accounts or pensions?
A: Yes. Your attorney can subpoena employers and retirement plan administrators for details on 401(k)s, IRAs, pensions, and stock options. Many spouses don’t realize these accounts are subject to equitable division—even if only in one name.
Q21: What if I suspect my husband has cash stored somewhere?
A: Hidden cash is difficult to trace but not impossible. A forensic accountant can identify discrepancies between reported income and lifestyle. For example, if your husband claims to earn $60,000/year but spends like he earns $200,000, that gap becomes evidence.
Q22: Is it possible for my husband to “gift” away assets to reduce the marital estate?
A: He may try—but it’s a mistake. Georgia courts recognize fraudulent transfers. If assets were “gifted” to a friend, girlfriend, or family member shortly before or during the divorce, the court can void those transactions.
Q23: Do I have to prove my husband is hiding assets to start an investigation?
A: No. You only need a good faith belief or concern. Your attorney can request discovery regardless. If your husband is being evasive or vague, that alone may justify deeper investigation.
Q24: How can I find out if he opened accounts or credit cards I don’t know about?
A: Your lawyer can subpoena your husband’s credit report and banking records. A comprehensive credit report often reveals undisclosed accounts, loans, or lines of credit in his name.
Q25: What if my husband is hiding income from a side job or under-the-table payments?
A: This is common, especially with self-employed or commission-based workers. A forensic accountant can examine lifestyle spending, deposits, and bank activity to uncover unreported income. The court may impute income based on evidence.
Q26: Can I access financial information from our joint tax returns?
A: Yes, and it’s one of the most valuable sources of truth. IRS Form 1040, W-2s, 1099s, and Schedule Cs can show income, investments, business profits, and more. If you filed jointly, you are entitled to full copies.
Q27: How do courts in Georgia view “hidden” or undisclosed debt?
A: Just like assets, debt must be disclosed and divided fairly. If your husband took out secret loans or credit cards, those can be brought to light in court. He may be assigned full responsibility for debt he hid from you.
Q28: Can hidden assets impact child support or alimony calculations?
A: Absolutely. Support is based on income and resources. If your husband hides income or assets, he may be ordered to pay more once the truth is revealed. Courts can adjust child support or alimony retroactively.
Q29: Can my husband hide assets in a trust?
A: Possibly, but Georgia courts will look at the creation date, terms, and beneficiaries of the trust. If the trust was set up to shield assets in anticipation of divorce, the court can treat it as marital property and include it in the division.
Q30: Will the judge believe me if I don’t have concrete proof yet?
A: Judges don’t require proof upfront to allow investigation. If you raise valid concerns and your husband is evasive or inconsistent, the court can grant subpoenas and compel discovery—even if you don't have all the facts at first.
Q31: Can a judge award me more because my husband tried to hide assets?
A: Yes. Georgia judges have discretion in equitable division. If your husband acted in bad faith by concealing assets, the court may award you a larger share of the marital estate to correct the injustice.
Q32: What’s the difference between hidden and misclassified assets?
A: Hidden assets are completely concealed, while misclassified assets are labeled incorrectly (e.g., calling marital property “separate”). Both can affect the divorce outcome, and both can be challenged in court.
Protect Your Future—Start the Asset Discovery Process Now: Georgia Divorce Lawyer Near me
Divorce isn’t just a legal separation—it’s a financial turning point that can shape the rest of your life. If you're concerned your husband may be hiding money, undervaluing property, or shielding assets, you’re right to take action. In Georgia, you're entitled to a full, honest accounting of what exists so the court can divide marital property fairly.
Too often, spouses who control the finances rely on secrecy, intimidation, or manipulation to tip the scales in their favor. But with the right legal strategy—supported by discovery tools, subpoenas, forensic accountants, and seasoned divorce counsel—you can uncover what’s yours and claim your rightful share.
The divorce lawyers at The Sherman Law Group know how to identify financial deception and protect your interests. Whether you’re at the beginning of the divorce process or already suspect hidden assets, our experienced Georgia divorce attorneys will fight to bring everything into the light.
You don’t need to navigate this alone. Let us help you uncover the truth, protect your rights, and build a more secure future.