Defendant's Attorney:

Description:
Grand Junction, Colorado family law lawyers represented husband and wife a divorce involving alleged fraudulent transfers.


Under the Colorado Uniform Fraudulent Transfer Act (CUFTA), a transfer of an asset made with actual intent to hinder, delay, or defraud a creditor is fraudulent, and a court may impose a variety of remedies, including setting aside the transfer. §§ 38-8-105(1)(a), -108, C.R.S. 2024. In this case, we consider whether a wife who has petitioned for dissolution of her marriage may maintain a cause of action against her husband and others under CUFTA as her husband's "creditor" based on allegations that he transferred property in anticipation of the divorce to deprive her of an equitable distribution of the marital estate. We conclude that she may.[1]

¶ 2 Plaintiff, Juana Rios de Martinez (wife), appeals the district court's judgment dismissing, for failure to state a claim, her CUFTA and civil conspiracy claims against the defendants, Alfredo Jose Martinez Landaverde (husband), Martinez Family Corporation, Martinez Investments LLC, Nivia Hernandez, and Tessa Arce.

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Martinez v. Landaverde, 2024 COA 115, 24CA0192 (Colo. App. Oct 17, 2024)

Outcome: We reverse the judgment and remand the case to the district court to reinstate wife's complaint.

Plaintiff's Experts:

Defendant's Experts:

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