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Site: Divorce And Marital Settlements

Divorce REV Revdivorce


Particularly in community property states, debtors will sometimes enter into a marital settlement agreement or even go through a full-blown divorce for the purpose of putting assets out of the reach of creditors. Such agreements and proceedings can be a fraudulent transfer in certain situations.

Since "sham divorces" are prevalent in fraudulent transfer cases, the courts will often examine the surrounding circumstances to determine whether there was a bona fide divorce. Factors to be examined include whether the couple still cohabit, financial arrangements between the couple, the fairness of the settlement agreement or divorce decree, and numerous other circumstances as applicable.




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