The Legal Boundaries of Tracking Your Spouse in Texas
Is it legal to put a GPS tracker on your spouse’s car in Texas? In most situations, the answer is no.
While it might seem harmless—or even justified—to track a spouse’s movements during a rocky marriage or looming divorce, placing a GPS device on their vehicle can have serious legal consequences in Texas. This is especially true if you don’t own the vehicle outright or lack their consent.
If you’re feeling uncertain or desperate for clarity, you’re not alone. Let’s break down what Texas law actually says so you can protect yourself and your case.
Texas Laws That Govern GPS Tracking
The key law to know is Texas Penal Code §16.06, which makes it a criminal offense to install a tracking device on a motor vehicle without the effective consent of the owner or operator.
Let’s break that down in real terms:
- A GPS tracking device refers to any tool that reveals the location or movement of a vehicle.
- “Effective consent” means clear permission from the person who owns or operates the car.
- Violating this law is a Class A misdemeanor, which can carry fines and up to a year in jail.
And it’s not just criminal court. You could face civil consequences too, like restraining orders, privacy lawsuits, or having your evidence thrown out in a divorce case.
Can You Track a Car You Own?
You might be thinking, “But I paid for it, and it’s in my name.” That doesn’t always mean you’re legally in the clear.
If you solely own the vehicle, tracking may be legal. But if the car is used primarily by your spouse or was purchased with community funds during marriage, you’re entering gray territory.
During divorce, courts often consider vehicles as jointly owned even if titled to one person. Installing a tracker without consent could still get you into trouble.
To avoid missteps, talk to a lawyer before making assumptions based on ownership.
GPS Tracking During a Divorce Case
If you’re in the middle of a divorce and tempted to “just get proof,” be careful. Tracking your spouse can do more harm than good.
- Illegally obtained GPS data may be tossed out of court.
- Your actions could be labeled as harassment or stalking.
- Judges might question your judgment—especially in custody or financial disputes.
Even if your suspicions are valid, how you gather proof matters. Playing it safe legally can make or break your case.
What Happens If You’re Caught Illegally Tracking?
Maybe you thought slipping a tracker under the bumper was harmless. Maybe it felt like your only option. But once you’re caught, the consequences start piling up fast.
Here’s what you could face:
- Criminal charges under Texas Penal Code §16.06 (Class A misdemeanor)
- Protective orders that restrict your movement or contact
- Setbacks in your divorce, particularly around child custody and property division
You might also be sued in civil court for invasion of privacy or emotional distress. These aren’t just slap-on-the-wrist penalties—they can seriously damage your finances, reputation, and legal standing.
Crossing the legal line has consequences. You could face:
- Criminal charges under Texas Penal Code §16.06
- Protective orders that limit your ability to communicate with your spouse
- Setbacks in your divorce case, especially around custody or division of assets
You could also face civil suits for privacy invasion, harassment, or intentional distress. And the financial toll can be steep.
Safer Legal Alternatives to Prove Misconduct
If you’re frustrated and tempted to take matters into your own hands, you’re not alone. Many people in difficult marriages feel that urge. But before you make a move that could damage your case—or break the law—consider these legal tools instead.
- Discovery requests: Your lawyer can formally request records like text messages, GPS logs from apps, financial statements, and more.
- Private investigators: Hiring a licensed PI ensures any evidence gathered is legally admissible and doesn’t open you up to claims of stalking or harassment.
- Subpoenas: In a contested divorce, your attorney can subpoena documents and testimony that support your claims.
These approaches not only protect your legal standing—they show the court you’re following the rules, which can earn you credibility in custody and property disputes.
There are ways to gather the information you need without crossing into illegal territory. These tools are safer and more effective in the long run:
- Discovery requests: Your lawyer can legally ask for documents like phone records, location data, and financials.
- Private investigators: These professionals are trained to gather evidence without risking your legal standing.
- Subpoenas: These compel access to information you wouldn’t otherwise have.
Legal support isn’t just about going to court—it’s about staying out of trouble while defending your rights.
Are Other Types of Spying on Your Spouse Legal in Texas?
Curious about what else might be allowed—or strictly off-limits—when it comes to monitoring your spouse? Texas law is clear in some areas and murky in others. Here’s a breakdown of common surveillance actions and what you need to know before taking any steps.
Can You Read Your Spouse’s Emails or Texts Without Permission?
Tempted to check your spouse’s phone or email for answers? Be careful. Accessing someone else’s private digital communications without permission can violate both federal and Texas privacy laws. Even if you’re still legally married, snooping on a device or account you don’t have explicit access to can lead to criminal charges or loss of credibility in court.
Is It Legal to Record Conversations Without Consent in Texas?
Texas is a one-party consent state for recording audio. That means you can record a conversation you’re part of—but you cannot legally record private conversations between others without at least one person’s consent. Installing hidden audio devices in cars or homes can lead to serious legal penalties.
Can You Legally Monitor Your Spouse’s Social Media or Online Activity?
Watching your spouse’s social media may feel like fair game, but even here, there are lines. Creating fake accounts, accessing private messages, or using login info without permission may be considered deceptive or unlawful. Courts increasingly frown on underhanded tactics and may penalize you during divorce proceedings.
FAQs About Tracking a Spouse’s Car in Texas
Can I track a car that’s in my name?
Only if you’re the sole owner and primary driver. Shared vehicles create legal complications.
What if I suspect cheating?
Even strong suspicions don’t justify breaking the law. Use legal discovery or a licensed investigator.
Is it legal if I remove the tracker later?
No. The violation happens the moment the device is installed.
Will a court accept GPS data as evidence?
Only if the data was collected legally. Otherwise, it could be excluded.
What if the vehicle is registered to both of us?
Shared ownership doesn’t guarantee legal clearance to track. Usage patterns and consent still matter.
Talk to a Texas Family Lawyer Before Taking Drastic Steps
In a tense or uncertain marriage, it’s easy to want immediate answers. But jumping into surveillance without legal backing can cost you dearly.
Before you act, talk to a Texas family law attorney. They’ll help you find legal ways to protect yourself, gather facts, and move forward with confidence. Don’t risk your case—or your freedom—over a GPS device.