Introduction
In high-conflict or high-asset Florida divorce cases, one of the most damaging forms of financial deception is the concealment of real estate. When a spouse secretly owns property in another state—perhaps under a business name, a trust, or someone else’s identity—the very integrity of the equitable distribution process is threatened. Real property represents one of the most valuable asset classes in any marriage, and undisclosed holdings can dramatically skew division outcomes.
Florida is an equitable distribution state, meaning courts aim to divide marital property fairly, not necessarily equally. This process depends on full and honest financial disclosure by both parties. When one spouse intentionally hides out-of-state real estate, the court lacks the complete financial picture necessary to reach a fair result.
Uncovering hidden real estate across state lines requires diligence, skill, and often collaboration with experts. A Tampa divorce lawyer familiar with asset tracing and property law can uncover such assets and bring them before the court to ensure proper distribution. This article explores how spouses attempt to conceal property, how such concealment can be discovered, and what legal remedies are available when out-of-state real estate is hidden in a Florida divorce.
Equitable Distribution in Florida Divorce Cases
Under Florida law, the court distinguishes between marital and nonmarital property. Marital property is subject to equitable distribution, while nonmarital assets—such as property owned before marriage or acquired by inheritance—are typically excluded unless commingled or otherwise transmuted.
Marital real estate includes:
- Property purchased jointly during the marriage
- Property purchased by one spouse using marital funds
- Property titled in one name but acquired during the marriage
- Any increase in value of nonmarital property attributable to marital efforts or funds
Once an asset is classified as marital, it must be valued and included in the overall distribution. If one spouse owns property in another state that fits the definition of marital property but fails to disclose it, the Florida court’s division will be fundamentally unjust. A Tampa divorce lawyer ensures that out-of-state holdings are accounted for and properly evaluated.
Why Spouses Hide Real Estate
Real property offers a unique opportunity for concealment in divorce because it can be held:
- In another jurisdiction, outside the normal discovery scope
- Under the name of a corporation or trust
- Jointly with a third party who is loyal to the owner
- In cash-based real estate markets with less regulation
- In investment properties that do not generate regular income statements
Some common motivations for hiding real estate include:
- Reducing the value of the marital estate
- Avoiding the sale of valuable assets
- Retaining ownership for post-divorce profit
- Punishing the other spouse financially
A Tampa divorce lawyer knows how to spot these tactics and uses legal tools to bring hidden property into the light.
How Spouses Hide Out-of-State Property
There are numerous ways a spouse may attempt to conceal real estate purchased or owned in another state:
- Title in a Trust or Business Entity
The property may be titled in the name of an LLC, S corporation, or trust in which the spouse has a beneficial interest. This can obscure true ownership if the entity is created solely for concealment. - Omitting the Property From Financial Disclosures
The spouse simply fails to list the property in their financial affidavit and supporting documents, hoping the other spouse does not know it exists. - Using a Third-Party Owner
The property may be titled in the name of a parent, sibling, or friend, but the spouse continues to control or benefit from it. - Mortgage-Free Acquisitions
If the property was purchased in cash, no mortgage documents exist to generate a paper trail, making it more difficult to uncover. - Rental Properties or Vacation Homes
Income-producing properties are easier to hide if the spouse does not declare rental income or uses a management company that funnels proceeds into a separate account. - Foreign Property With U.S. Ties
Though not located in another U.S. state, foreign real estate often operates similarly, and the same concealment tactics are used.
Each of these methods can be addressed with the proper discovery strategy, investigation, and, if necessary, litigation. A Tampa divorce lawyer knows how to follow the trail.
Discovery Tools for Identifying Hidden Property
Florida’s family law rules provide broad tools for identifying concealed real estate. The discovery process is designed to compel financial disclosure and obtain the information necessary to evaluate all assets. In cases where a spouse owns property in another state, a Tampa divorce lawyer may use:
- Interrogatories: Written questions under oath that require detailed answers about property ownership, transfers, and business interests.
- Requests for Production: Demands for documents such as deeds, mortgage statements, utility bills, insurance documents, and property management records.
- Depositions: Live, sworn questioning of the spouse or third parties to probe financial knowledge, control, or possession of hidden assets.
- Subpoenas: Orders directed to banks, title companies, property management firms, accountants, or other institutions to produce records relevant to property ownership.
- Public Records Searches: Comprehensive title searches, deed records, and property appraiser databases across other states can be used to identify undeclared ownership.
A Tampa divorce lawyer can also work with private investigators, forensic accountants, and real estate valuation experts to uncover and assess the asset’s impact on equitable distribution.
Red Flags Suggesting Hidden Real Estate
Certain behaviors or facts may suggest that a spouse is concealing real property in another state:
- A sudden dip in reported income inconsistent with lifestyle
- Frequent travel to a specific location without explanation
- References to “business trips” with no documentation
- Ownership of a business registered in another state
- Use of cash to purchase untraceable assets
- Missing financial records or reluctance to comply with discovery
- Rental income not accounted for in tax returns or affidavits
A Tampa divorce lawyer who recognizes these red flags can initiate aggressive discovery tailored to uncover out-of-state property.
Using Public Records to Locate Real Estate
Every U.S. state maintains a public land records system, often at the county level, where real estate transactions are recorded. These systems include:
- Deeds of sale
- Mortgage filings
- Property tax records
- Assessor valuations
- Ownership transfers
Even when the property is titled under an LLC or trust, cross-referencing names, dates, and document preparers may reveal the connection. A Tampa divorce lawyer may:
- Search for the spouse’s name in property records outside Florida
- Look for entities linked to the spouse as manager or officer
- Investigate common addresses, mailing records, or tax bills
In some cases, simply searching the spouse’s name in other jurisdictions may reveal ownership. In others, title research or skip tracing may be necessary.
Real Estate Owned Through Business Entities
Many high-net-worth individuals use business structures for asset protection and tax planning. However, these same tools can be abused to hide property during divorce.
Examples include:
- Real estate titled under a single-member LLC in another state
- Ownership of a management company that holds multiple rental units
- Business property acquired using marital funds but titled solely to the company
- Property transferred to a company shortly before or during divorce
Even if the entity technically owns the asset, courts may consider the asset marital property if:
- Marital funds were used to acquire or maintain it
- The spouse controls the business
- There is evidence of sham transactions
A Tampa divorce lawyer can pierce the corporate veil in litigation and bring these assets into the marital estate.
Valuing Out-of-State Property for Distribution
Once hidden property is discovered, the court must determine its classification (marital or nonmarital), assign value, and factor it into the distribution.
Challenges include:
- Determining current fair market value in a different real estate market
- Accounting for mortgages, liens, or equity
- Assessing rental income or capital gains potential
- Evaluating improvements made during the marriage
- Estimating appreciation due to market conditions
A Tampa divorce lawyer can coordinate appraisals, real estate agent estimates, and expert witness reports to provide the court with reliable valuation data.
What Happens When Hidden Property Is Discovered?
Florida courts take financial deception seriously. If a spouse is found to have hidden out-of-state property, the court may:
- Award the property entirely to the honest spouse as a sanction
- Award a greater share of other marital assets to compensate
- Impose attorney’s fees and costs for the investigative burden
- Reopen the case post-judgment if the asset is discovered later
- Find the spouse in contempt of court
Florida courts have broad equitable powers and are not limited to 50/50 division when misconduct is proven. A Tampa divorce lawyer will present the facts, document the fraud, and petition the court for just remedies.
Preventing the Concealment of Out-of-State Property
Spouses can take proactive steps to limit the risk of hidden property in divorce:
- Secure Financial Records Early
Copy tax returns, loan applications, insurance records, and real estate documents before litigation begins. - Investigate Unexplained Wealth
Lifestyle audits and forensic accounting can reveal the presence of undeclared property. - Hire Professionals
A Tampa divorce lawyer with experience in hidden asset cases can bring in title researchers, forensic accountants, and investigators as needed. - Use Settlement Agreements Strategically
Require sworn declarations of asset ownership, include clawback provisions, and retain enforcement rights post-divorce. - Request Court-Supervised Disclosure
Discovery orders, interrogatories, and depositions under oath make it harder to lie or withhold evidence. - File Motions to Compel
If a spouse refuses to answer questions or produce documents, the court can compel compliance and sanction them for delay or obstruction.
Jurisdiction and Enforcement Issues
Even though the hidden real estate is located in another state, Florida courts can still account for it in the divorce. However, enforcement may require action in the state where the property is located.
A Tampa divorce lawyer can:
- Seek a judgment including the out-of-state property
- Work with co-counsel in the other jurisdiction to domesticate and enforce the Florida judgment
- Record liens or lis pendens notices on the out-of-state property
- Ensure equitable remedies like forced sale or award of offsetting assets are enforceable
Courts in the other state will generally recognize a properly entered Florida divorce judgment, especially where due process was followed.
FAQ: Hidden Real Estate in Florida Divorce Cases
Can Florida courts divide property located in another state?
Yes. Florida courts have jurisdiction to determine marital interests in out-of-state property, though enforcement may require action in the other state.
What happens if my spouse didn’t list their out-of-state property in their financial affidavit?
They may face sanctions, including an unequal distribution or loss of the asset. The court may also order them to pay your attorney’s fees.
How can I find out if my spouse owns real estate in another state?
Public records searches, title reviews, discovery requests, and subpoenas can reveal hidden property. A Tampa divorce lawyer can lead this investigation.
What if the property is owned by a company or trust?
If the spouse controls the entity or used marital funds to acquire the property, the court may treat the asset as marital and subject to distribution.
Can I reopen a divorce case if I later find hidden real estate?
Yes. If you can prove that the asset was concealed and materially affected the distribution, the court may reopen the case for further orders.
Is rental income from hidden property considered in alimony or child support?
Yes. If discovered, income from the property must be disclosed and will factor into support calculations.
Do I need an attorney to uncover hidden real estate?
Yes. A Tampa divorce lawyer can use formal discovery, legal tools, and experts to expose concealed assets and advocate for your share.
What if the property is in another country?
Similar principles apply. The court can consider the property in the distribution, and enforcement may require international coordination.
Can the court award me a larger share if my spouse lied about owning property?
Yes. Intentional concealment can result in unequal distribution, loss of the asset, or other penalties.
What’s the first step if I suspect hidden out-of-state property?
Hire a Tampa divorce lawyer immediately. They can begin discovery, issue subpoenas, and file motions to preserve and identify the property.
In Florida divorce cases, especially those involving significant assets, hidden out-of-state property can seriously undermine the fairness of equitable distribution. Whether held under a trust, a company name, or concealed entirely, such property must be uncovered and properly accounted for. A knowledgeable Tampa divorce lawyer has the tools, experience, and legal strategies to identify concealed real estate and ensure that all assets—regardless of location—are fairly distributed under Florida law.
The McKinney Law Group: Strategic and Supportive Divorce Representation in Tampa
Every divorce is different, and your legal plan should reflect that. At The McKinney Law Group, we offer strategic, personalized legal representation to help Tampa clients manage divorce with clarity and control.
We support clients with:
✔ Customized parenting plans and custody strategies
✔ Equitable division of assets, debts, and real property
✔ Fair and enforceable support agreements
✔ Negotiation and trial preparation when conflict arises
✔ Post-divorce modifications when your situation evolves
Reach out to our team at 813-428-3400 or email [email protected].