- 16 - expenses. In addition, in 1987, petitioner transferred his interest in his primary residence to his wife for nominal consideration. Petitioner argues that the transfer of the personal residence to petitioner's wife was not fraudulent as a matter of law. Petitioner contends that respondent could not have reached the property because he held the property with his wife as tenants by the entirety under the laws of the State of Arkansas prior to the transfer. Under Arkansas law, a judgment creditor of one spouse cannot force the partition and sale of property held by husband and wife as tenants by the entirety. Lowe v. Morrison, 289 Ark. 459, 460-461, 711 S.W.2d 833, 834 (1986). However, a debtor-spouse's interest in an entirety estate and entitlement to one-half the rents and profits from the property may be executed upon to satisfy a judgment against the debtor- spouse, subject to the nondebtor-spouse's right of survivorship. Morris v. Solesbee, 48 Ark. App. 123, 127, 892 S.W.2d 281, 283 (1995). Petitioner's transfer of the personal residence held as tenants by the entirety to his wife for nominal consideration can be fraudulent under Arkansas law. Under Arkansas law, a Federal tax lien filed to collect a spouse's separate tax liability is a lien against the spouse's interest in the entirety estate. Petitioner attempted to remove his residence from the reach of respondent by quitclaiming his interest in the entirety estate toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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