When Titled Assets Are Left Off the Disclosure List
Equitable distribution in Florida requires both spouses to disclose all marital assets and liabilities so the court can fairly divide property. While bank accounts and retirement funds are commonly addressed, titled property like vehicles, boats, trailers, ATVs, jet skis, motorcycles, and RVs are often overlooked—or deliberately concealed. These assets carry paper trails, but a determined spouse may take steps to keep them out of sight during the divorce process.
Whether it’s a car stored at a friend’s house, a boat registered in another state, or a motorcycle purchased with cash and never disclosed, hidden titled property can significantly skew the marital balance sheet. For divorcing spouses, uncovering these assets early can mean the difference between a fair settlement and a lopsided judgment.
A Tampa divorce lawyer skilled in asset discovery understands how to trace, identify, and litigate hidden titled property in high-conflict or high-asset cases. This article examines the strategies spouses use to conceal titled assets, how to identify the warning signs, and what legal remedies are available under Florida law.
Why Titled Property Is Frequently Hidden
Titled assets are among the easiest assets to trace—if you know where to look. But they’re also some of the most likely to be hidden. Why?
- Many titled assets are not parked at the marital home
- Boats, trailers, and ATVs are easily stored elsewhere
- Titles can be held in another person’s name temporarily
- Vehicles may be titled out-of-state
- Some may have been purchased with cash and never registered
- Spouses may assume they won’t be discovered unless someone’s looking
Florida’s equitable distribution law treats all assets acquired during the marriage as marital, regardless of whose name appears on the title. That includes property that is parked, stored, or registered elsewhere.
A Tampa divorce lawyer can investigate these assets thoroughly through discovery, subpoenas, and DMV records to ensure they are accounted for.
Types of Titled Property Commonly Hidden in Divorce
- Passenger Vehicles
Cars or trucks purchased during the marriage, even if titled in one name, are presumed marital property. A spouse may claim the vehicle belongs to a relative or was sold to a friend, when in fact it’s still under their control. - Boats and Watercraft
Florida’s boating culture means many families own watercraft. Spouses may store boats in marinas, on leased docks, or in separate counties to avoid detection. Ownership may be masked through shell LLCs or family transfers. - Motorcycles and Scooters
Two-wheeled vehicles are easy to hide and often overlooked during financial disclosure. They may also be stored off-site or used primarily by one spouse, increasing the likelihood of concealment. - Recreational Vehicles and Campers
RVs, trailers, and campers are titled assets that may sit unused for long periods in storage lots, vacation properties, or even in other states. Their value can be substantial and should not be ignored. - Jet Skis, ATVs, and Off-Road Vehicles
These items are common in Florida’s outdoor culture and frequently stored at cabins, hunting camps, or vacation homes. They may be intentionally left off financial affidavits or claimed as gifts. - Classic or Collector Cars
Vehicles with collector value may be underinsured or undervalued in disclosures. Titles might be held in trusts or jointly with other collectors to disguise ownership.
A Tampa divorce lawyer will investigate titled assets using state registration databases, insurance records, and DMV searches to uncover all marital property.
How Florida Courts Treat Hidden or Non-Disclosed Titled Property
Florida family courts require full disclosure of all assets and liabilities. Hiding titled property can lead to serious consequences, including:
- Reallocation of the asset in favor of the innocent spouse
- Sanctions and attorney’s fees against the concealing party
- Reopening the divorce judgment if concealment is discovered later
- A finding of contempt or perjury
Florida courts do not look kindly upon dishonesty during divorce proceedings. A Tampa divorce lawyer can petition the court for relief if titled property is discovered after judgment, or during litigation if assets are omitted from financial disclosures.
Red Flags That Your Spouse May Be Hiding Titled Property
- Unusual Behavior Around Vehicles or Storage
- Sudden interest in removing items from the garage
- Moving vehicles off the property without explanation
- Trips to storage units or remote properties
- Discrepancies in Insurance Coverage
- Auto insurance covering more vehicles than disclosed
- Separate policies with unfamiliar VINs
- Unusual premiums inconsistent with known vehicles
- Bank Withdrawals or Missing Funds Around Vehicle Purchase Amounts
- Cash purchases not reflected in disclosed assets
- ATM withdrawals near vehicle dealerships or marinas
- Known Enthusiasm for Collecting or Outdoor Recreation
- Long history of boats, motorcycles, or ATVs
- Evidence of ownership on social media
- Memberships in boating or motorcycle clubs
- Title Transfers to Family Members or Friends
- Transfers shortly before filing
- Transfers without valid consideration
- Title registrations inconsistent with usage
If any of these signs are present, a Tampa divorce lawyer should initiate aggressive discovery to locate and value the assets.
Discovery Tools Used to Find Hidden Titled Property
- Interrogatories
Written questions requiring sworn answers about vehicles, boats, and other titled property. A spouse must disclose all assets they own, control, or benefit from. - Requests for Production
Demand the production of title documents, insurance policies, registration certificates, and receipts for storage or maintenance. - Subpoenas to Third Parties
- Department of Motor Vehicles for vehicle titles and registration
- Marinas for dock slips and storage records
- Insurance companies for policy coverage
- Banks for cashier’s checks or loan applications
- Deposition of the Spouse
Under oath questioning to clarify vague disclosures and expose hidden ownership. - Forensic Accounting
Traces financial records to purchases, transfers, or ongoing expenses related to titled property.
A Tampa divorce lawyer will leverage these tools to close gaps in disclosures and compel the other spouse to reveal concealed assets.
Out-of-State and Offshore Title Registration
Some spouses may register vehicles, boats, or other assets in another state or jurisdiction to avoid Florida scrutiny. For example:
- Registering a boat in Georgia or Alabama to avoid detection
- Titling a vehicle in the name of a business or trust located elsewhere
- Using a family member’s address to create the appearance of non-ownership
While these tactics can make it harder to track assets, they are not foolproof. A Tampa divorce lawyer can subpoena out-of-state agencies or pursue discovery through the Uniform Interstate Discovery and Depositions Act (UIDDA).
Additionally, financial institutions and storage facilities often maintain records that tie the property back to the owning spouse.
Undervaluing Titled Property in Divorce
Even when a spouse discloses an asset, they may significantly undervalue it. Common tactics include:
- Reporting a boat’s value based on original cost, not market resale
- Listing collector cars at blue book value, ignoring scarcity premiums
- Ignoring aftermarket upgrades or customizations
- Stating vehicles are “junk” when they are in working condition
A Tampa divorce lawyer may hire an appraiser or vehicle expert to determine fair market value. If a judge determines that one party deliberately undervalued property, they can reallocate other marital assets to compensate the honest spouse.
Transfers Intended to Defraud
When a spouse transfers titled property to a third party to avoid division, Florida’s Uniform Fraudulent Transfer Act (UFTA) may apply. Transfers without fair consideration made in anticipation of divorce can be set aside by the court.
Examples include:
- “Selling” a car to a sibling for $1 shortly before divorce
- Giving a boat to a friend but continuing to use it
- Signing over an RV to a business entity with no documentation
A Tampa divorce lawyer can seek an order nullifying the transfer and restoring the asset to the marital estate.
Role of Injunctions and Temporary Orders
If a spouse is suspected of hiding or transferring property, a Tampa divorce lawyer may petition the court for:
- A temporary injunction to prevent the sale or movement of assets
- An order requiring the spouse to account for titled property
- A freeze on transfers until the divorce is finalized
These proactive steps can preserve property that might otherwise be sold, hidden, or destroyed.
What If Hidden Property Is Discovered After Divorce?
If titled property is discovered after the final judgment, the innocent spouse may file a motion to reopen the case under Rule 1.540 of the Florida Rules of Civil Procedure. Grounds include:
- Newly discovered evidence
- Fraud or misrepresentation
- Misconduct by the opposing party
A Tampa divorce lawyer can file the motion within a year of judgment, or longer in cases of extrinsic fraud. Courts have broad authority to amend judgments, impose sanctions, and redistribute assets when deception is proven.
Using Social Media and Public Records
Titled property often leaves a digital trail. A Tampa divorce lawyer may use:
- Social media to identify photos of undisclosed boats, motorcycles, or cars
- DMV databases to check for registrations tied to the spouse’s name
- Public records of liens, titles, or storage unit leases
These resources can provide leads and evidence to support motions for disclosure or sanctions.
Integrating Titled Property into Marital Settlement Agreements
When all assets are disclosed, a marital settlement agreement should:
- List all titled property with VINs, HINs, or serial numbers
- Identify whether the asset is being awarded to one spouse or sold
- Require transfer of title and registration documents by a specific date
- Include indemnity clauses if debt is tied to the asset
- Address insurance responsibilities and use of the asset pending transfer
A Tampa divorce lawyer will ensure that titled property is not only identified but properly transferred and protected post-divorce.
Conclusion: Vigilance Is the Best Defense Against Hidden Titled Property
Vehicles, boats, and other titled assets are easy to hide, undervalue, or transfer—but they are also traceable with the right legal strategy. Whether you suspect your spouse is concealing assets or want to ensure every piece of marital property is properly divided, a Tampa divorce lawyer can conduct a comprehensive investigation, use formal discovery tools, and petition the court for relief when necessary.
The law is clear: all marital property must be disclosed and equitably divided. Titled assets carry unique visibility and value. With skilled legal advocacy, you can uncover what’s hidden and ensure a fair outcome.
FAQ: Hidden Titled Property in Florida Divorce
Can my spouse hide a car during a Florida divorce?
They can try—but titled property can be traced through DMV records, insurance, and financial transactions. A Tampa divorce lawyer knows how to locate it.
What if my spouse transferred our boat to a friend?
That transfer may be invalid. If done to defraud the marital estate, the court can reverse it and penalize your spouse.
How do I find hidden vehicles in divorce?
Look for red flags like unknown insurance policies, storage unit rentals, and discrepancies in bank statements. Discovery and subpoenas can compel disclosure.
Are motorcycles and ATVs considered marital property?
Yes, if purchased during the marriage, they are subject to equitable distribution—even if only titled in one spouse’s name.
What if my spouse undervalued a collector car?
You can challenge the valuation. A Tampa divorce lawyer can hire an appraiser or expert witness to present accurate value evidence to the court.
Can I get the court to freeze titled assets during divorce?
Yes. Temporary injunctions can prevent sale or transfer of vehicles, boats, and other property pending litigation.
Do I have to list my car on my financial affidavit?
Yes. All assets, including titled property, must be disclosed under Florida law.
Can I still get my share if the asset was hidden and the divorce is over?
Possibly. A Tampa divorce lawyer can file a motion to reopen the judgment based on fraud or newly discovered evidence.
Does the title matter if I paid for the car but it’s in my spouse’s name?
Not necessarily. If purchased during the marriage, the vehicle is likely marital property regardless of whose name is on the title.
Can we agree to sell our boat and split the proceeds?
Yes. A Tampa divorce lawyer can draft settlement language that ensures fair sale, tax treatment, and division of proceeds.
The McKinney Law Group: Tampa Divorce Attorneys Providing Measured, Effective Representation
When you’re going through divorce, you need more than a legal technician—you need a strategist. At The McKinney Law Group, we help Tampa clients resolve their divorces thoughtfully, with careful attention to both immediate concerns and long-term goals.
We support clients with:
✔ Filing and managing all legal aspects of divorce
✔ Parenting plans that preserve healthy family dynamics
✔ Valuation and division of property, retirement, and business interests
✔ Support orders that reflect income, need, and equity
✔ Ongoing representation for enforcement or changes post-divorce
To speak with a Tampa divorce attorney, call 813-428-3400 or email [email protected].