Can divorce lawyers find bank accounts?
Finding hidden assets is difficult and requires the aid of other professionals, usually. Finding other accounts is generally done through tracing; in other words, reviewing accounts that are known and seeing transfers made to other accounts that were previously unknown. Forensic accountants and private investigators are employed to help ascertain this information as well.
Unfortunately, one of the most common reasons for divorce is finances. Financial stress can put a strain on the best marriages, and it’s a far worse case if one party is guilty of hiding money from his or her spouse.
Hiding money from a spouse can come in many forms, including fake payments or debts, salaries paid to phony employees, cash income, raises, investments, and many more places. Money that is in an unknown account isn’t accessible to be figured into your divorce settlement, meaning that your spouse will have it all to themselves when the divorce is finalized.
When clients suspect that their spouse has hidden money they often ask their personal attorney to verify its existence. A private account may have been set up during the marriage for the party’s private use, as a way for paying for an extramarital affair, or during the divorce in order to keep it out of divorce proceedings.
Finding secret bank accounts is possible, but it is not something that a divorce attorney will be able to do. You will need to enlist the help of a forensic accountant or a private investigator in order to find this information.
Divorce attorneys work with other professionals all the time for the benefit of their clients who can do this extensive investigating and may even be able to recommend a company or individual to search for hidden funds or bank accounts. Once the investigator or accountant has traced the account, a divorce attorney can use the paper trail in court if necessary.
Any information that you discover illegally won’t be permissible in court, so individuals should take the proper steps to find hidden bank accounts and obtain necessary documentation so that all evidence will be upheld in divorce court.
FAQs
Finding other accounts is generally done through tracing; in other words, reviewing accounts that are known and seeing transfers made to other accounts that were previously unknown. Forensic accountants and private investigators are employed to help ascertain this information as well.
Can a lawyer look at my bank account? ›
Generally, no, a bank cannot give financial records to a lawyer without court approval. Banks have a duty to protect the privacy of their customers' financial information. However, there are a few exceptions to this rule:The customer consents to the disclosure.
Are bank accounts discoverable? ›
In a lawsuit involving breach of fiduciary duties and fraud against an LLC and its members in California, you can potentially request personal bank statements as part of the discovery process.
How to find spouse hidden bank accounts? ›
There are several methods to find hidden bank accounts, such as:
- Conducting online asset searches.
- Hiring a private investigator.
- Making legal requests for financial information.
- Utilizing state-sponsored websites and resources.
While closed accounts are no longer active, the bank will typically still have a record of those statements archived. Getting copies of these archived bank statements is possible, though it does require some persistence and knowing the proper steps to go through.
Does a wife have access to her husband's bank account? ›
Only the account holder has the right to access their bank account. If you have a joint bank account, you both own the account and have access to the funds. But in the case of a personal bank account, your spouse has no legal right to access it.
Who can look at my bank account without my permission? ›
No , nobody other than the persons authorised by you , are entitled to view your account statement . Your bankers are authorised persons for this purpose .
How do investigators find bank accounts? ›
Finding Assets
Private investigators can find bank accounts California by accessing databases. They may also look through public records such as property filings, tax returns, and other papers.
Can you have a secret bank account that your wife does know about in a divorce case? ›
Legally speaking, there is nothing wrong with having a separate bank account. You aren't required to keep joint accounts or file joint tax returns. You aren't even required to legally tell your spouse about your secret account, that is, until divorce proceedings start.
What bank accounts can't be traced? ›
Anonymous bank accounts are also called numbered accounts. They are a type of account where the identity of the account holder is replaced by a multi-digit number or code. The client's name is only accessible to the client and a small circle of senior staff at the bank.
Typically, the only parties that can check your bank statements or your account information are the account owner(s), authorized account managers and bank professionals. Banks take great care to maintain the privacy and security of their customers' personal information.
Who can see all my bank accounts? ›
No, nobody can see or access your Bank account. Only in exceptional circ*mstances, Government authorities/investigating agencies can seek details of your account as well as details of the transactions done by you.
Can you hide a bank account during divorce? ›
It is illegal to hide assets during a divorce. In divorce proceedings, both parties are legally required to disclose all their assets and liabilities fully and truthfully. This disclosure is crucial for the equitable division of property and to ensure a fair settlement.
What happens when a spouse hides money during a divorce? ›
Contempt of Court: If a spouse is found to have hidden assets, they may be held in contempt of court. This can result in fines, sanctions, or even jail time. Perjury Charges: If a spouse lies under oath about the existence or value of assets during divorce proceedings, they can face perjury charges.
Can an attorney find a bank account? ›
Even when lawyers are trying to collect a judgment there is no way to just search someone's bank accounts. There is no central record of this to look up; like say the DMV for what cars does the person own and have registered.
Are bank accounts frozen during divorce? ›
The court has the power to freeze your bank accounts and other marital assets when you're in the middle of a divorce. We're not just talking about the house, cars, and furniture. Marital assets can include insurance policies, bank accounts, inheritances, and more.
Can I remove myself from a joint bank account during a divorce? ›
Yes, it is possible to remove your name from a joint account during divorce proceedings. While that option exists, it is crucial to recognize that joint financial obligations and outstanding debts may still need to be addressed.
Can you have a hidden bank account? ›
Can You Legally Hide a Bank Account from Creditors? Absolutely. As we noted earlier, hiding a bank account doesn't mean actually wiping away banking records or having some sort of black-market account that no government is aware of.
