STEVEN J. GREEN AND JEROME C. BERLIN D/B/A S & J INVESTMENTS, A PARTNERSHIP, APPELLANTS,
v.
STEVEN CASPER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Judgment creditors appealed the denial of their fraudulent conveyance petition against a debtor who, prior to remarriage, created a tenancy by the entireties in real property with his former wife. The court affirmed the denial, finding insufficient evidence of fraud and noting that conveyances for consideration of marriage are not fraudulent as to creditors absent clear proof of the spouse's participation in intended fraud.
The court held that the conveyance was not fraudulent and properly denied the fraudulent conveyance petition. A conveyance for the consideration of marriage pursuant to an ante-nuptial settlement is not fraudulent as to creditors merely for want of consideration, and should not be set aside without clear proof of the spouse's participation in intended fraud, which was absent here.
[1] A conveyance of property for the consideration of marriage pursuant to an antenuptial settlement is not fraudulent as to creditors on the ground of want of consideration.
[2] A conveyance made with a fraudulent design by the transfer should not be set aside without the clearest proof of the other party's participation in the intended fraud.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a conveyance of property for the consideration of marriage pursuant to an ante-nuptial settlement is not fraudulent as to creditors on the ground of want of consideration and even though made with a fraudulent design by the transfer, it should not be set aside without the clearest proof of the wife's participation in the intended fraud”
Establishes the legal standard that conveyances made for consideration of marriage require clear proof of spouse's participation in fraud before being set aside
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn January 14, 1975, Steven Casper remarried his former wife Judith after their 1973 divorce. Before remarriage, they executed an ante-nuptial agreeme…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Estate By The Entireties cases and more on FLexlaw
[*1205] PER CURIAM.
Plaintiffs, judgment creditors of the defendant, seek reversal of an order denying their petition to set aside fraudulent conveyance.
On January 14, 1975 defendant, Steven Casper, remarried his former wife, Judith, whose marriage to Steven had been dissolved in October 1973. Prior to their remarriage, Steven and Judith Casper executed an ante-nuptial agreement wherein they agreed to create an estate by the en-tireties of all real property presently owned by them as tenants in common. After their remarriage, they executed a post-nuptial agreement to the same effect and all their real property was conveyed to a third party who in turn reconveyed the property back to them as tenants by the entireties.
On February 27, 1975 a $20,500 judgment was entered against Steven Casper in favor of plaintiffs, Steven Green and Jerome Berlin.
In August 1975 plaintiffs filed their petition to set aside fraudulent conveyance on the ground that the conveyance creating an estate by the entireties was a fraud and was made with the intention to hinder, delay and frustrate the collection of the judgment. After an evidentiary hearing at which Steven and Judith Casper were the only persons who testified, the trial judge denied the petition.
We affirm the denial order. Quoting American Jurisprudence, our Supreme Court in Cleveland Trust Company v. Foster, 93 So. 2d 112, 114 (Fla.1957) listed some of the following more commonly recognized indicia or badges of fraud:
“ ‘The facts which are recognized indicia of fraud are numerous, the most important being the insolvency or indebtedness of the transferrer, lack of consideration for the conveyance, retention by the debtor of possession of the property, relationship between the transferrer and the transferee, the reservation of benefit to the transferrer, the pendency or threat of litigation, secrecy or concealment, and the transfer of the debtor’s entire estate.’ [Citations omitted.]”
We first note a total absence from the record with respect to any evidence of Steven Casper’s insolvency. All that is present is the bare allegation in plaintiffs’ petition that Casper is insolvent and the denial of that allegation by Casper in his answer.
Moreover, a conveyance of property for the consideration of marriage pursuant to an ante-nuptial settlement is not fraudulent as to creditors on the ground of want of consideration and even though made with a fraudulent design by the transfer, it should not be set aside without the clearest proof of the wife’s participation in the intended fraud. Dova v. Hancock, 88 Fla. 503, 102 So. 646 (1924). Here again, the record demonstrates no such participation on the part of Mrs. Casper in the alleged intended fraud. She testified that the reason for the ante-nuptial and post-nuptial agreements was to avoid the problems the parties experienced with a division of their property as a result of the prior dissolution of marriage proceeding.
We conclude that the trial judge’s denial of plaintiffs’ petition was supported by competent substantial evidence.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Steele v. Lannon, 355 So. 2d 190 (Fla. 2d DCA 1978)…the complaint before him at the summary judgment hearing), the fact that Steele was in “financial difficulty” and “fearful that his personal assets would be in jeopardy” does not indicate the “insolvency or indebtedness” of Steele. Green v. Casper, 346 So. 2d 1204 (Fla. 3d DCA 1977). There is left, then, the bare assertion by Steele that his purpose in making the conveyance to Lannon was “so as to place the asset out of the reach of his creditors.” Should Steele, under the circumstances of this case, be boun…
-
Green v. Casper, 367 So. 2d 247 (Fla. 3d DCA 1979)…PER CURIAM. Affirmed. Green v. Casper, 346 So. 2d 1204 (Fla.3d DCA 1977), cert. den. 353 So. 2d 675 (Fla.1977).…
-
Parts Depot, Inc. v. Bullock, 545 So. 2d 468 (Fla. 2d DCA 1989)…DCA 1977). It is significant that the father paid $88,-190 for the property, which was valued at $105,000. When a conveyance is made for valuable consideration, the mutual fraudulent intent of the parties is the determining factor. Green v. Casper, 346 So. 2d 1204 (Fla. 3d DCA), cert. denied, 353 So. 2d 675 (Fla.1977). The law does not impute a fraudulent intent to the purchaser, Vickers v. Glenn, 102 Fla. 535, 136 So. 326 (1931); however, a conveyance for value may be set aside when the purchaser knew or sho…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Cleveland Tr. Co. v. Athene S. Foster and Jack Wentz, 93 So. 2d 112 (Fla. 1957)
- Dova v. Hancock, 88 Fla. 503 (Fla. 1924)