Fraudulent Conveyance in Florida
A fraudulent conveyance is a property transfer made to hinder, delay, or defraud creditors. Florida's Uniform Fraudulent Transfer Act (FUFTA, §726.101-726.112) allows creditors to void such transfers and recover property.
Two Types
- Actual fraud: Transfer made with intent to defraud creditors
- Constructive fraud: No reasonably equivalent value received while insolvent
Badges of Fraud
- Transfer to an insider (family, business partner)
- Debtor retained possession or control
- Transfer was concealed
- Debtor sued or threatened before transfer
- Transfer of substantially all assets
- Consideration not reasonably equivalent to value
- Debtor insolvent at or after the transfer
Statute of Limitations
- Actual fraud: 4 years or 1 year after discovery (whichever is later)
- Constructive fraud: 4 years from the transfer (no discovery rule)
Related Terms
- Encumbrance — Creditor claims on property
- Evidence of Title — Fraudulent transfers in title chain
- Equity — Equity stripped by fraudulent transfers
Barnes Walker Asset Protection
Barnes Walker's attorneys prosecute and defend fraudulent conveyance actions in Florida, protecting creditor and debtor rights. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 689
Governs the requirements for transferring real property in Florida, including deed execution, delivery, and recording.
Fla. Stat. Ch. 726 (Florida Uniform Voidable Transactions Act)
Allows creditors to avoid transfers made with intent to hinder, delay, or defraud, or made without receiving reasonably equivalent value while insolvent.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC