Legal Question in Intellectual Property in California

assignment of intellectual property to my wife

By assigning my intellectual property's to my spouse, is my property protected from my debtors?


Asked on 3/19/06, 1:50 pm

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: assignment of intellectual property to my wife

I'm guessing that you mean your creditors (folks you owe money), not debtors. But the answer to your question is, "it depends". CA is a community property state. If your debts were acquired during the marriage, then they are your wife's debts too and transferring property to her won't protect it. Also, any property would have to be transferred to her as her separate property, or you would still own half of it. Finally, your creditors might have a basis to challenge such a transfer as fraudulent, e.g., if you are already in litigation over the debts. Seems like you have less of a intellectual property question than a family law/bankruptcy cross-over question. Good luck!

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Answered on 3/19/06, 2:50 pm


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