Basic Rule of Property
Any property interest is transferrable. If you can transfer it, creditors can reach it.
Transfer in Fraud of Creditor
Transferring interests in order to make them unobtainable to creditors is considered fraudulent; Creditors can have the transfers set aside
Creditor's Options
1. Do nothing and wait for the spouse to die in order to obtain property
2. Levy the property by executing alien and selling the property
Group 1
Common law tenancy by the entirety; husband can convey the whole estate only to the possibility that wife may become entitled to the whole estate upon surviving him; creditors can obtain property if husband is in debt
Group 2
Interest of the debtor spouse in the estate may be levied upon for his or her separate debts subject to the other spouse's contingent right of survivorship; the judgment does become a lien and the creditor can sell the property to satisfy the judgment; yo
Group 3
Attempted conveyance by either spouse is wholly void and the estate is not to be subjected to the separate debts of one spouse (unilateral conveyance by either side is void and creditors cannot get to it)
Group 4
The contingent right of survivorship appertaining to either spouse is separately alienable by him and attchable by his creditors during the marriage (they can separately sell the right of survivorship)
Gift
Irrevocable transfer; down payment is a gift