Tuesday, October 17, 2006

S.C. Court of Appeals issues Statue of Elizabeth opinion

In Albertson v. Robinson, the South Carolina Court of Appeals pursuant to the Statute of Elizabeth found that a March 1, 2002 conveyance was void as fraudulent. Husband transferred his interest in the marital home to wife after husband failed to build a swimming pool and after Husband accepted a $11,000 down payment. The conveyance was voidable because it was made without consideration and (1) the Husband was indebted to the creditor at the time of the transfer; (2) the conveyance was voluntary; and (3) the Husband failed to retain sufficient property to pay his indebtedness to the creditor in full.

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