How to Do an Asset Search Before a Lawsuit or Divorce

Published July 30, 2026

If you are preparing for a divorce or considering a civil lawsuit, one of the most important steps you can take is understanding what assets the other party actually holds. People sometimes hide income, undervalue property, or move money before legal proceedings begin. A thorough asset search can give you and your attorney a clearer picture of what is truly at stake — and help ensure any eventual settlement or judgment reflects reality.

What Is an Asset Search?

An asset search is a structured investigation into a person's or business's financial holdings. The goal is to locate and document assets that may be relevant to a legal matter. This can include real property, vehicles, business interests, bank accounts, investment accounts, judgments, liens, and more.

Asset searches are commonly requested in two situations:

• Before or during divorce proceedings, to ensure marital assets are fully disclosed and fairly divided.
• Before filing a civil lawsuit or after winning a judgment, to determine whether the opposing party has assets worth pursuing.

In either case, the information gathered is used to inform legal strategy — not to take any action on its own. Always work with a licensed attorney when your findings have legal consequences. An attorney can advise you on how to use discovered information properly within court proceedings.

What Can a Private Investigator Legally Find?

A licensed private investigator has access to a range of public records and legally available databases that most individuals cannot easily search on their own. Common sources include:

• County property records — real estate owned in the subject's name or through entities they control
• Vehicle registrations — cars, trucks, boats, motorcycles, and recreational vehicles
• Business filings — sole proprietorships, LLCs, corporations, and partnerships registered with the state
• UCC filings — Uniform Commercial Code records that can reveal secured interests in business assets
• Court records — prior judgments, liens, bankruptcies, and pending litigation
• Fictitious business names — "doing business as" registrations that may point to hidden income streams
• Probate and trust records — where publicly accessible, these can reveal inherited assets

Investigators compile these records into a documented report that you and your attorney can use. For a broader understanding of what consumer and financial records are protected, the Federal Trade Commission publishes guidance on privacy laws that govern access to personal financial data.

What Private Investigators Cannot Do

It is equally important to understand the legal limits of an asset search. Licensed investigators must operate entirely within the law. They cannot:

• Access private bank account balances or transaction histories without authorization
• Hack into email accounts, phones, or financial software
• Obtain IRS tax records or Social Security earnings records without proper legal process
• Trespass on private property to gather evidence
• Impersonate law enforcement, bank employees, or government officials to obtain information
• Use GPS tracking devices on vehicles without confirming it is legal in their jurisdiction

Any investigator who claims they can obtain private bank records directly, without a subpoena or court order, should be a serious red flag. Legitimate investigators work within public record systems and lawfully available data sources. For general legal reference on privacy and financial records, Nolo's legal information library offers plain-language explanations of relevant federal and state laws.

Licensing and Legal Requirements Vary by State

Private investigators are licensed at the state level, and both the licensing requirements and the permitted scope of investigative activity differ from state to state. In Texas, for example, private investigators must be licensed through the state's Department of Public Safety and must follow specific rules about permissible investigative methods. Before hiring anyone, verify their license through your state's official licensing authority.

You can look up state licensing agencies and verify professional credentials through USA.gov's directory of state government resources. Never hire an unlicensed investigator — doing so can expose you to legal liability and may make any evidence they gather unusable in court.

When Does an Asset Search Make Sense?

Not every legal dispute warrants a full asset investigation. Consider requesting one when:

• You suspect a spouse is hiding income, undervaluing a business, or concealing accounts before a divorce settlement
• You have won a civil judgment but the debtor claims to have no assets
• You are considering a lawsuit and want to know whether the defendant can actually pay a judgment before you invest in litigation
• A business partner or contractor owes you money and you need to locate collectible assets

Practical Steps to Take Before Hiring an Investigator

1. Consult your attorney first. Your lawyer can clarify exactly what information would be most useful in your specific case and how findings can be introduced as evidence.
2. Gather what you already know. Compile names, addresses, known employers, business names, and any financial documents you have legitimate access to. This saves time and reduces the cost of the investigation.
3. Verify the investigator's license. Ask for their license number and confirm it with your state's licensing board.
4. Ask about their experience with financial investigations. Asset searches require specific database skills and record-research expertise — not all investigators specialize in this area.
5. Request a written agreement. A legitimate investigator will provide a written contract outlining scope, methods, fees, and deliverables.
6. Understand the deliverable. Ask specifically what the final report will include and in what format. A documented, organized report is far more useful in legal proceedings than a verbal summary.

Questions to Ask a Prospective Investigator

• Are you licensed in this state, and can I verify your license number?
• How many asset searches have you completed for divorce or litigation matters?
• What public record sources do you search, and do you disclose your methods?
• How do you handle information that turns out to be inaccurate or outdated?
• Will your report be formatted in a way that an attorney or court can use?
• What are your fees, and how are they structured — flat rate or hourly?

A Note on Realistic Expectations

An asset search can surface information that is genuinely useful to your case, but no investigator can guarantee a specific outcome. Investigators gather and document information — they do not determine how a court will weigh it or what a judge will decide. Assets held in complex structures, held entirely in cash, or located outside the United States may be harder or impossible to locate through domestic public records alone. Understanding these limitations upfront helps you set realistic goals and make informed decisions about how to proceed. For matters involving potential fraud or international asset concealment, Cornell Law School's Legal Information Institute provides accessible reference material on fraudulent transfer laws and judgment enforcement.

If you are considering an asset search in connection with a divorce or legal dispute, Find A Local PI can connect you with a licensed private investigator in your area at no cost and with no obligation. Simply submit your request and a qualified professional will reach out to discuss whether an investigation makes sense for your situation.