§ 4-206. Effect on third person of property transfer from husband to wife

   (a) Rights of husband's present creditor. -- Whenever any interest or estate of any kind in any property, real, personal, or mixed, within this State, has been or is sold, conveyed, assigned, mortgaged, leased, transferred, or delivered by a husband, directly or indirectly, to his wife, and has been or subsequently is sold, conveyed, assigned, mortgaged, leased, transferred, or delivered by the wife and husband during their marriage, or by the wife after the marriage ends, or has been or subsequently is devised or bequeathed by the wife during the marriage or after the marriage ends, the fact of the previous sale, conveyance, assignment, mortgage, lease, or delivery by the husband, directly or indirectly to his wife, shall not be considered or taken at law or in equity to have given, preserved, or reserved, nor to give, preserve, or reserve to any present creditor of the husband, because of any debt, obligation, claim, or demand whatsoever, any other or greater right, lien, or cause of action against the interest or estate, or against any third person or the person's heirs, executors, administrators, or assigns, than the creditors would have had in case the interest or estate had been sold, conveyed, assigned, mortgaged, leased, transferred, delivered, devised, or bequeathed by the husband directly or indirectly to the third person.

(b) Not notice to third person of present creditor. -- The fact of the previous sale, conveyance, assignment, mortgage, lease, or delivery by the husband, directly or indirectly, to his wife, or the recital of it, in any instrument of writing, shall not be considered or taken at law or in equity to give or impart, nor to have given or imparted, notice to any third person or the person's heirs, executors, administrators, or assigns, of the existence or of the possibility or probability of the existence of any present creditor of the husband.

HISTORY: An. Code 1957, art. 45, § 2; 1984, ch. 296, § 2.