Can Jointly Owned Property Be Seized in Texas?

 Posted on December 26, 2025 in Civil Asset Forefiture

Under certain circumstances, jointly owned property can be seized in Texas, but ownership alone does not automatically mean the property will be forfeited. If you share ownership of a vehicle, home, cash, or other assets, that reality can be unsettling. The details matter, including who used the property, how it was used, and what each owner knew. Understanding how Texas asset forfeiture laws apply to shared property can help you protect your rights and avoid costly assumptions. If you have questions about protecting your property, our Tarrant County, TX asset forfeiture defense lawyer can answer.

What Does Asset Forfeiture Mean Under Texas Law?

Asset forfeiture is a legal process that allows the State to take property it believes is connected to criminal activity. In Texas, this usually happens through civil asset forfeiture, not criminal forfeiture. Under Texas Code of Criminal Procedure Article 59.02, property may be seized if it is considered contraband, such as money, vehicles, or real estate tied to alleged crimes.

The key difference is how the case works. Criminal forfeiture happens after a criminal conviction and is part of the criminal case. Civil forfeiture is separate. The case is filed against the property itself, not the person, and it can move forward even if no one is convicted.

How Does Joint Ownership Affect Asset Seizure?

Joint ownership does not prevent law enforcement from seizing property. If the State believes the property was used in connection with illegal activity, it may seize the entire asset, not just one owner’s share.

This often comes up with jointly owned vehicles, shared bank accounts, or homes owned by spouses or family members. In Texas, many married couples own property as community property, which generally means both spouses have an ownership interest. The State focuses on how the property was used, not just how it is titled.

What Happens if Only One Owner Is Accused in an Asset Forfeiture Case?

This is one of the most common and confusing issues in forfeiture cases. When only one owner is accused of illegal conduct, the other owner may still face the loss of shared property.

Under Texas law, there is an option for bringing an "innocent owner" defense. Under Article 59.02(c), an owner may challenge forfeiture by showing they did not know about the illegal use of the property or did not consent to it.

In practice, this defense often turns on evidence, timing, and credibility. Courts look closely at whether the owner truly lacked knowledge and whether they took reasonable steps to prevent misuse once they became aware of a problem.

Examples of Jointly Owned Property at Risk of Forfeiture

Joint ownership issues arise in many real-world situations. Common examples include:

• A vehicle jointly titled to spouses or family members

• A shared bank account where one person deposits proceeds from alleged illegal activity

• A home owned by both spouses but used by one for criminal activity

• Business assets owned by multiple partners

Each situation is evaluated on its own facts. Small details, such as who had control over the property, can make a meaningful difference.

How Does the Seizure and Forfeiture Process Work in Texas?

After property is seized, the State must file a forfeiture action and provide notice to interested parties. Texas Code of Criminal Procedure Article 59.04 outlines notice requirements and deadlines. Owners have a limited window to respond and assert their rights.

If an answer is not filed on time, the court may enter a default judgment and forfeit the property, regardless of whether one of the owners was innocent. Acting quickly is often critical.

What Can a Joint Owner Do To Protect Their Interest?

Joint owners are not without options, but those options depend on early action and clear documentation. A defense may involve showing a lack of knowledge, a lack of consent, or that the property was not actually connected to illegal activity.

In some cases, owners may negotiate the return of their interest or challenge the seizure altogether. These cases are fact-specific and require careful review of financial records, ownership documents, and law enforcement reports.

Waiting to see what happens can be risky. Once forfeiture deadlines pass, recovering property becomes much more difficult.

Schedule Your Free Consultation With Our Fort Worth, TX Asset Forfeiture Defense Attorney

At Spencer & Associates, we believe clients deserve clear, realistic expectations about what asset forfeiture laws allow and how defenses actually work. Attorney Arnold Spencer brings more than 30 years of legal experience to these complex cases. He is known as a strong trial lawyer and litigator who understands how these cases are argued in court. If your shared property has been seized or is at risk, call 469-283-6126 to speak with a Tarrant County, TX asset forfeiture defense lawyer and learn what steps may help protect your interests.