Is your divorce final, but now you’ve found out your ex hid property or left something out? You’re not alone. Property division issues don’t always end when the divorce decree is signed. In fact, post-divorce disputes over property happen more often than most people realize.
At Daniel Ogbeide Law, we understand how frustrating it is to think your divorce is done—only to find out it’s not. Our team has handled many cases where hidden or misclassified property required legal action even after the final judgment. As one of the leading family law firms in Houston, we focus on providing strong legal guidance, especially in property division disputes. Whether it’s through negotiation or litigation, we help clients resolve complex property matters with clarity and confidence.
In this blog, we’ll explain when and how property can still be divided after a divorce, the legal standards involved, and what steps you can take if you believe something was left out or misrepresented.
When Is Property Division Considered Final?
In most Texas divorce cases, once the court signs the final decree, the division of community property is supposed to be settled. However, final doesn’t always mean complete. Texas law does allow for post-divorce legal action in specific situations:
- Undisclosed property: If a spouse failed to disclose certain assets during the divorce proceedings, the other spouse may be entitled to a share of those assets even after the case is closed.
- Misclassified property: Sometimes an asset is wrongly categorized as separate property when it should have been classified as community property.
- Enforcement or clarification: If the final decree is vague or if one party refuses to comply with its terms, the court may revisit the property division to enforce or clarify it.
What Counts as Undisclosed or Misclassified Property?
In Texas, community property includes most assets acquired during the marriage. If your ex-spouse failed to report any of the following, legal action might still be an option:
- Bank accounts or investment portfolios
- Business interests or partnerships
- Retirement accounts or pensions
- Real estate holdings not listed in the divorce decree
- Cryptocurrency or digital assets
- Intellectual property or royalties
On the other hand, misclassification typically arises when property was incorrectly treated as separate. For example, a home purchased before marriage but paid off with community funds could be subject to division.
Legal Remedies for Post-Divorce Property Issues
Texas law provides mechanisms to address these situations—even after a divorce has been finalized. Here are the most common options:
1. Motion to Divide Undivided Property
If the divorce decree failed to mention certain community assets, you can request a post-decree division. Courts retain jurisdiction to divide omitted community property even years after the divorce.
2. Fraud on the Community Claim
When a spouse intentionally hides or undervalues assets during divorce, the other spouse can pursue a fraud claim. If the court finds fraud occurred, it can reallocate the hidden assets and may even award additional compensation.
3. Clarification Order
If a decree is unclear about how a specific asset should be divided, either party can ask the court for a clarification order. This is common with retirement accounts or shared debts.
4. Enforcement Action
When one spouse refuses to transfer property or pay their share of a divided asset, you can ask the court to enforce the decree through contempt proceedings or other remedies.
Key Deadlines and Limitations
While Texas courts may reopen property issues under certain circumstances, there are limits:
- Statute of limitations: You generally have two years from the discovery of fraud or hidden property to bring a claim.
- Res judicata: If the property issue was addressed in the original divorce—even poorly—you may not be able to reopen it.
- Good faith reliance: If the other party relied in good faith on the final decree, courts may be less likely to modify it later.
That’s why it’s so important to act quickly if you suspect any undisclosed or misclassified property.
How to Protect Yourself Post-Divorce
If you believe assets were left out or misrepresented, here’s what we recommend:
- Gather documentation: Review tax returns, bank records, business filings, and property deeds from during the marriage.
- Review the divorce decree: Make sure you understand exactly what assets were (and weren’t) addressed.
- Consult a property division attorney: A legal professional can help evaluate whether your case meets the threshold for post-decree action.
Working with experienced property division lawyers in Houston can make a significant difference in determining whether you have a valid claim and what your best next steps should be.
Common Scenarios That Warrant Legal Review
Here are a few examples of situations where post-divorce legal action might be necessary:
- You discover your ex sold a jointly-owned rental property during the divorce and failed to report the proceeds.
- A retirement account wasn’t mentioned in the decree, and your ex is now trying to cash it out alone.
- Business ownership was downplayed during divorce, and now your ex is receiving high-value distributions from that business.
- Cryptocurrency accounts were never disclosed, but recent financial activity suggests they existed.
In these cases, a property division attorney in Texas can help assess the situation and, if needed, bring a motion before the court.
Thinking the Divorce Was Final Doesn’t Mean the Property Division Was Fair
Have you come across assets that weren’t addressed in your divorce judgment? If so, you might still have legal rights. Courts in Texas understand that complete transparency doesn’t always happen during divorce proceedings. Whether due to oversight or intentional deceit, hidden or misclassified property can significantly impact your financial well-being.
At Daniel Ogbeide Law, we regularly assist clients facing these exact challenges. As one of the most trusted divorce attorneys in Houston, TX, we have extensive experience litigating and resolving post-divorce property issues. Our firm stands out because we treat every case with the seriousness it deserves. Whether it’s reviewing financial records, preparing court motions, or representing you during hearings, we’re here to protect your interests.
If you’re looking for an experienced property division attorney in Houston who can help you take action after your divorce, our team is ready. We also assist clients seeking enforcement orders or clarification when a former spouse refuses to comply. Our knowledge of how courts treat post-divorce property claims gives our clients an advantage they may not have otherwise.
Speak with Daniel Ogbeide Law today to discuss your situation. Whether you need help with undisclosed assets, enforcement of your property rights, or clarification of a confusing decree, our property division lawyers in Houston are ready to help you pursue what is rightfully yours.