Docket No. 133098. Calendar No. 4.

751 N.W.2d 493 (2008)

Jan Kay ESTES, personal representative of the estate of Douglas Duane Estes, Plaintiff-Appellee, v. Jeff Edward TITUS, Defendant-Appellee, and Julie L. SWABASH, formerly known as Julie L. Titus, Appellant.

Supreme Court of Michigan.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Butler, Durham & Toweson-P.L.L.C. (by H. van den Berg Hatch), Parchment, for Jan K. Estes.

Kreis, Enderle, Callander & Hudgins, P.C. (by Russell A. Kreis, James D. Lance, and Michael J. Toth), Kalamazoo, for Julie L. Swabash.

Speaker Law Firm, P.L.L.C. (by Liisa R. Speaker and Jodi M. Latuszek), Lansing, for amici curiae the Family Law Section of the State Bar of Michigan.

Howard & Howard Attorneys, P.C. (by Lisa S. Gretchko), and Michael W. Bartnik, Bloomfield Hills, Troy, for amici curiae the Business Law Section of the State Bar of Michigan.

Before the Entire Bench.


In this case of first impression, we are asked whether the Uniform Fraudulent Transfer Act (UFTA)1 applies to a transfer of property made pursuant to a property settlement agreement incorporated in a divorce judgment. We hold that it does apply and that a UFTA claim is not an impermissible collateral attack on a divorce judgment. However, property owned as tenants by the entirety is not subject to process by a creditor...

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