HOW DOES THE UNIFORM VOIDABLE TRANSACTION ACT APPLY TO PRENUPTS?
HOW DOES THE UNIFORM VOIDABLE TRANSACTION ACT APPLY TO PRENUPTS?
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HOW DOES THE UNIFORM VOIDABLE TRANSACTION ACT APPLY TO PRENUPTS?

| Feb 16, 2019 | Firm News

Assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent Transfer Act (UFTA), can apply 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 separate property. In this case, plaintiff obtained a judgment in bankruptcy court against defendant.

Defendant subsequently married wife and entered into an agreement concerning his debts during marriage.

Attempting judgment enforcement, Plaintiff alleged a single cause of action under UFTA against defendants Husband and Wife to set aside the alleged transfer of defendant’s community property interest in the wife’s earnings and income. The trial court sustained defendant’s demurrer and found that defendants were entitled to alter the presumptions under Family Code 760 and Family Code 910 that property acquired during the marriage is community property and that the community estate would be liable to satisfy any judgments against defendant.

The Court of Appeal reversed in light of the legislative language, history, and the strong policy of protecting the creditors from fraudulent transfers. Therefore, the court held that the Legislature must have intended that UFTA can apply to premarital agreements in which the prospective spouses agree that each spouse’s earnings, income, and property acquired during marriage will be that spouse’s separate property.

See Sturm v Moyer.

If you are involved in a family law matter and your money is at stake, you need an experienced and capable attorney on your side.  Contact the Law Office of Robert Rodriguez!

Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, wrongful termination, workplace and employment matters including sexual harassment, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights  discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.

* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law.  Robert D. Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California.  Robert Rodriguez has practiced in the State of California Court of Appeal.

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