Title 55, PROPERTY IN GENERAL

55-901. Fraudulent conveyances of land. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon…

55-902. Grantee must be privy to fraud. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was mad…

55-903. Power of revocation — When deemed executed. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate…

55-904. Power of revocation not subject to exercise before grant — When deemed executed. Where a person having the power of revocation within the provisions of the last section is not entitled to execute it until after the time at which he makes such a grant or charge as is descr…

55-905. Fraudulent transfers of personalty. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subs…

55-906. Transfers in fraud of creditors. Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor an…

55-907. Transfers in fraud of creditors — Delivery and change of possession. Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is pr…

55-908. Fraud is a question of fact. In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not…

55-909. Title of purchaser not impaired. The provisions of this chapter do not in any manner affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of …

55-910. Uniform voidable transactions act — Definitions. As used in this act: (1) "Affiliate" means: (a) A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a…

55-911. Insolvency defined. (1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (2) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispu…

55-912. Value defined. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary c…

55-913. Transfer or obligation voidable as to present or future creditor. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor ma…

55-914. Transfer or obligation voidable as to present creditor. (1) 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 obliga…

55-915. When transfer is made or obligation is incurred. For the purposes of this act: (1) A transfer is made: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, …

55-916. Remedies of creditor. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor…

55-917. Defenses, liability, and protection of transferee or obligee. (1) A transfer or obligation is not voidable under section 55-913(1)(a), Idaho Code, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent tra…

55-918. Extinguishment of a cause of action. A cause of action with respect to a transfer or obligation under this act is extinguished unless action is brought: (1) Under section 55-913(1)(a), Idaho Code, not later than four (4) years after the transfer was made or the obligation…

55-919. governing law. (1) In this section, the following rules shall determine a debtor’s location: (a) A debtor who is an individual is located at the individual’s principal residence; (b) A debtor that is an organization and has only one (1) place of business is located at its…

55-920. Application of general law. Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or othe…

55-921. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

55-922. Short title. This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."