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Category Archives: Marital Settlement Agreement
Do I need expert help to create agreements to protect my assets?
Yes. Under California law, marital agreements are subject to the same “Fraudulent Transfer” statutes as other agreements, and a carefull evaluation of your assets and liabilities is necessay to draft an agreement that will, if necessary, stand up in court.
Can I enter into any agreements with my spouse to help protect my assets from creditors?
Yes. With a properly drafted “Transmutation Agreement” or “Post Marital Agreement” (also often called a Post Nuptial Agreement), what was formerly community property or your separate property can be changed to the separate property of your spouse and will not … Continue reading
In California, can my spouses creditors collect my spouse’s debts from me?
Yes. California is a community property, state, which means that, absent a written agreement otherwise, all wealth created during the marriage is considered to be 100% owned by each of you, and is subject to levy (seizure) for the debts … Continue reading
Can I protect my assets from creditors by simply transferring them to my spouse?
No. There is no absolutely sure way protect your assets from credtors. However, with the right planning, you can make it so hard for creditors to collect from your assets that they will not want to incur the expense and … Continue reading
Are particular words required to transmute property in California?
Although the California Supreme Court has stated that particular words are not required, in fact, many writings that most people would consider adequate have been held to be inadequate. For that reason, it is important that in any transaction involving … Continue reading