Waste of Community Assets
By: Kristy Blurton, July 2014
What a Waste!
Is your spouse giving gifts or money to a new girlfriend or boyfriend? If so, your spouse may be wasting community assets. If your wife or husband is wasting community assets during the marriage, that may entitle you to larger share of the remaining community property in the divorce.
Waste occurs when a spouse spends money or uses property for an improper purpose. You may be able to make a claim for waste if assets, or money, were spent on a girlfriend, a secret gambling habit or illegal drugs, for example.
Unfortunately, not all losses by a spouse are regarded as waste. Spending too much money on legitimate activities (such as shopping, or golf) will not be considered “waste” by a court even though you may consider such over-spending to be wasteful.
Whatever the case, it is important to inform your attorney if you believe your spouse is wasting community assets. If your spouse is attempting to waste or hide money during the divorce, your attorney may seek a court order to protect your property until the assets are divided. Your attorney may also be able to obtain an appropriate adjustment to the property division to compensate you.
Cindy Diggs, Board Certified in Family Law and Civil Trial Law, Holmes, Diggs, Eames & Sadler 5300 Memorial Drive, Suite 900, Houston, Texas 77007, 713.802.1777. www.holmesdiggs.com