Category Archives: Asset Protection
Posted on July 25, 2010 by Richard Houghton
No. Once a creditor has a judgment against you, you will be forced by the court to disclose the location of your assets under penalty of perjury. To not disclose the location of your assets, or to not tell the … Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Generally No. A corporation only protects your personally held assets from claims against your corporation, but not against you. In addition, most creditors who loan money or supply services to a corporation will get personal quarantees from the business principles … Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Yes. One vehicle is by forming an LLP (Limited Liability Partnership) to hold your assets. Although it is quite technical, there are many advantages to holding title to your assets in an LLP as opposed to a corporation. It is … Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Yes. Under California law, marital agreements are subject to the same “Fraudulent Transfer” statutes as other agreements, and a carefull evaluation of your assets and liabilities is necessay to draft an agreement that will, if necessary, stand up in court.
Posted in Asset Protection, Marital Settlement Agreement, Postnuptial Agreement, Prenuptial Agreements, Transmutation Agreement | Leave a comment
Posted on July 25, 2010 by Richard Houghton
Yes. With a properly drafted “Transmutation Agreement” or “Post Marital Agreement” (also often called a Post Nuptial Agreement), what was formerly community property or your separate property can be changed to the separate property of your spouse and will not… Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Yes. California is a community property, state, which means that, absent a written agreement otherwise, all wealth created during the marriage is considered to be 100% owned by each of you, and is subject to levy (seizure) for the debts… Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Simply deeding property or changing the documents of title on stock or other assets may not change ownership rights in California between married persons. The legislature and the courts have set out complicated rules that must be followed to change… Continue reading →
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Posted on July 25, 2010 by Richard Houghton
Although the California Supreme Court has stated that particular words are not required, in fact, many writings that most people would consider adequate have been held to be inadequate. For that reason, it is important that in any transaction involving… Continue reading →
Posted in Asset Protection, Marital Settlement Agreement, Postnuptial Agreement, Transmutation Agreement | Leave a comment
Posted on July 25, 2010 by Richard Houghton
No. If you already have a claim filed against you, and you have assets to satisfy the claim, to do nothing is to almost certainly assure that you will be required to pay the claim. If you seek expert advice … Continue reading →
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