CALIFORNIA FAMILY LAW
...Community Property Issues
......Gifts/Transfers of C/P
.........Voidable Transfers
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California’s Uniform Voidable Transactions Act.

To avoid transfer made per Oregon state court judgment dissolving debtor's marriage, party who challenges dissolution judgment must allege and prove "extrinsic fraud."

UVTA permits the avoidance of “constructive” fraudulent transfers, i.e., transfers that are voidable without proof of actual intent to hinder, delay, or defraud.

Child support recipient may not challenge MSA property division alleging c/s obligor left "insolvent" based on nonexempt property received versus present value of future c/s obligation.

Property division incident to divorce is subject to creditor claims under Uniform Fraudulent Transfer Act.

Physically relocating property and transmitting or transporting sale proceeds out of state, then transmuting them into a different legal form, may constitute a violation of UVTA.

H's fraudulent transfer of property to W in a sham divorce to try to keep it away from Ps' judgment was sufficient to constitute a voidable transfer; factors to consider.

Uniform Voidable Transactions Act applies to a premarital agreement in which the prospective spouses agree that upon marriage each spouse's earnings, income, and other property acquired during marriage will be that spouse's s/p.

UFTA applies to property transactions associated with NV marital dissolution and property settlement agreement.

Transfer of family residence from H to W to protect from business creditors held fraudulent; properly set aside despite homestead declaration.