Estes v. Titus

In this case of first impression, we are asked whether the Uniform Fraudulent Transfer Act (UFTA)1 applies to a transfer of property made pursuant to a property settlement agreement incorporated in a divorce judgment. We hold that it does apply and that a UFTA claim is not an impermissible collateral attack on a divorce judgment. However, property owned as tenants by the entirety is not subject to process by a creditor holding a claim against only one spouse. Such property is not an “asset” under the UFTA. Therefore, its distribution in a divorce judgment does not constitute a “transfer” for…