How to Do an Asset Search Before a Lawsuit or Divorce

Published August 20, 2026

Whether you are preparing for a divorce, considering a lawsuit against someone who owes you money, or trying to collect on an existing judgment, knowing what assets the other party actually holds can make or break your case. An asset search is one of the most practical tools available in these situations — but it is important to understand what it involves, what it can legally uncover, and where its limits lie.

What Is an Asset Search?

An asset search is an investigation designed to locate and document a person's or business's financial holdings. This can include real estate, vehicles, business interests, bank accounts, investment accounts, judgments owed to them, and other property of value. The goal is to build an accurate picture of what someone owns before you commit to a legal strategy.

People typically request asset searches in three main situations:

• Before filing a lawsuit — to determine whether the defendant has assets worth pursuing, so you are not spending money on litigation against someone with nothing to collect.
• During a divorce — to verify that a spouse has fully disclosed all marital property as required by law, or to locate assets that may have been deliberately hidden.
• After winning a judgment — to find attachable property so you can actually collect what a court has awarded you.

What Can a Licensed Investigator Legally Find?

A licensed private investigator uses a combination of public records and lawfully accessible databases to conduct asset searches. It is worth understanding the difference between what is publicly available and what requires professional access.

Publicly Available Records

Many asset-related records are public by design. These commonly include:

• Real property records held by county appraisal districts and recorder offices
• Vehicle registrations (access rules vary by state)
• UCC filings, which show secured interests in business assets
• Court records, including civil judgments and liens
• Probate and estate filings
• Business formation documents and ownership records
• Bankruptcy filings, which are federal public records

Professional Database Access

Beyond public records, licensed investigators often subscribe to aggregated data services that compile information from many sources. These are legitimate, legally regulated tools — not hacking or surveillance. The investigator's license and professional standing is what grants access to certain tiers of this information.

What Investigators Cannot Do

It is equally important to know the boundaries. A licensed investigator cannot:

• Access someone's private bank account records without legal process (such as a court subpoena)
• Hack into financial systems or obtain records through deception
• Impersonate law enforcement or bank officials to extract information
• Access protected federal or state records without authorization
• Use pretexting in ways prohibited by federal consumer protection law

The Federal Trade Commission publishes guidance on the legal rules surrounding background and financial screening, including restrictions on how consumer information can be obtained and used. Knowing these boundaries protects you as well as the investigator you hire.

Asset Searches in Divorce Cases

In a divorce, both spouses are typically required by law to provide full financial disclosure. In practice, this does not always happen honestly. A spouse might underreport income, transfer assets to a friend or family member temporarily, undervalue a business, or simply omit accounts from disclosure forms.

A private investigator can help identify discrepancies between what has been disclosed and what records suggest actually exists. If hidden assets are found, that information can be handed to your divorce attorney, who can then pursue it through formal legal channels such as discovery, subpoenas, or forensic accounting.

Because asset concealment in a divorce can have serious legal consequences for the concealing party, it is important that any investigation be coordinated with your attorney from the start. For a general overview of how marital property and financial disclosure work, Nolo's legal information library covers divorce financial issues in plain language.

Asset Searches Before Litigation

Filing a lawsuit costs time and money. Before you invest in that process, it is reasonable to ask: if I win, can I actually collect? An asset search can give you a clearer answer before you commit.

If a subject owns real property, operates a business with identifiable assets, or holds vehicles and equipment, a judgment may be collectible. If the search reveals little to nothing in the person's name, your attorney can advise whether proceeding is still worthwhile — for example, if assets may appear in the future or if there are other parties with liability.

You can look up basic information about how civil judgments and collections work through resources like the Legal Information Institute at Cornell Law School, which provides free access to statutes and legal definitions.

Licensing Matters: Hire Someone Qualified

Private investigators must be licensed in most states, and the permitted scope of their activities varies significantly by location. In Texas, for example, investigators are licensed through the state's Department of Public Safety and must follow specific rules about what methods and data sources they may use. Other states have their own licensing bodies with their own requirements.

Before hiring anyone to conduct an asset search, verify their license. You can look up licensing requirements and check investigator credentials through USA.gov's state and local government directory, which can point you to the right regulatory agency for your state.

Questions to ask a potential investigator include:

1. Are you licensed in this state, and can you provide your license number?
2. What types of records will you search, and how do you access them?
3. Have you conducted asset searches in divorce or pre-litigation contexts before?
4. Will you provide a written report I can share with my attorney?
5. What are your fees, and are they flat-rate or hourly?
6. What can you not find through this type of search?

Work With an Attorney Alongside the Investigator

An asset search produces information — it does not produce legal strategy. Whatever the investigation uncovers, a licensed attorney is the right person to advise you on how to use it. In a divorce, your family law attorney needs to know about the search before it begins so the findings can be properly introduced. In a lawsuit, your litigation attorney can determine whether the discovered assets are attachable and how to pursue collection. Skipping the attorney step can mean that even solid findings are handled incorrectly and become less useful in court.

What to Expect From the Process

A professional asset search typically takes anywhere from a few days to a couple of weeks, depending on the complexity of the subject's holdings and the jurisdictions involved. The investigator should deliver a written report documenting what was found, the sources consulted, and the methods used. This report should be factual and sourced — not speculative.

No investigator can guarantee what they will or will not find. Some people genuinely have few assets; others have hidden them in ways that require formal legal discovery to unravel. What a good investigator can promise is a thorough, lawful search of available records.

If you are considering an asset search in connection with a divorce or potential lawsuit, Find A Local PI can connect you with a licensed private investigator in your area at no charge and with no obligation. Simply use our request form to describe your situation and get started.