Se Habla Español | Nous Parlons Français


You are here:

New financial evidence could lead to a property division appeal

On Behalf of | Oct 31, 2022 | Property Division

Family law issues that result in litigation in Texas are often very emotional and personal matters. A judge may have to make difficult choices about the division of parenting time and legal authority on behalf of parents, and it is common for parents who have just gone through the family courts to feel quite dissatisfied with the outcome.

Many times, they have to come to terms with their situation and learn to live with the ruling entered by the courts. However, there are scenarios in which someone who has recently litigated a family law matter could have grounds to request an appeal.

Property division matters are usually final once a judge enters their order. However, sometimes new information comes to light that makes it clear that the prior division of your property was not fair and appropriate. Could the discovery of hidden assets give you grounds to appeal your previous property division ruling?

Hidden assets can unfairly alter a judge’s decision

The choices that judges make related to property division reflect their understanding of the couple’s marital property and how they think the Texas community property standard applies to the situation. If one spouse discovers sizable, undisclosed assets that should have been part of the marital estate, they could present that evidence to the Texas family courts and ask a judge to revisit the earlier decree.

The more the evidence supports the claim that one spouse intentionally hit assets from the courts and the other spouse, the more likely it is that the courts will not only divide the discovered assets as marital property but may also impose an additional penalty on the spouse who hid property.

The rules for litigated divorce require transparency

Those who lie about their circumstances might have to pay the price later. Revisiting property division isn’t always easy. It can be a major challenge to convince the courts to alter the division of assets ordered in their initial divorce proceedings.

Evidence of fraud or misconduct would lead to one of the few situations in which the courts may alter a property division order. Understanding when family law appeals may be possible can help those who question the fairness or legality of their prior outcome.