Code Section

Civil Code - CIV

DIVISION 4. GENERAL PROVISIONS [3274 - 9566]

  ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )
  

PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449]

  ( Part 2 enacted 1872. )
  

TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449]

  ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. )
  

CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14]
  ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

  
3439.05.  

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(b) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

(Amended by Stats. 2015, Ch. 44, Sec. 7. (SB 161) Effective January 1, 2016.)