Reddy

A transfer from Gilbert Gonzalez to his then-wife, defendant Mellina Gonzalez, of Gilbert’s interest in the family home was set aside as a fraudulent conveyance. On appeal, defendant claims that the conveyance could not have been fraudulent since the property was subject to a homestead exemption. In addition, she asserts that there was insufficient evidence to support a finding of actual fraud. For the reasons expressed below, we affirm.

Facts

In 1985 Gilbert was involved in an unsuccessful real estate transaction with plaintiff Sesha Reddy. Plaintiff subsequently sued Gilbert for losses incurred as a result of the transaction and obtained a judgment against him. Other than $1,300 attached from Gilbert’s paychecks, plaintiff’s judgment has not been satisfied. Gilbert currently has no other assets from which that judgment can be satisfied.

Defendant and Gilbert held title in joint tenancy to the family residence in Milpitas. The residence was purchased with community property funds. On March 23, 1987, Gilbert executed a deed which purportedly conveyed his interest in the residence to defendant. Defendant asked Gilbert to execute the deed “to protect the property from…