Also known as: voluntary transfers
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of property or rights effected by the deliberate act of the owner or holder rather than by operation of law or judicial process. The transfer must be supported by the transferor's intent and is often contrasted with involuntary transfers such as foreclosure sales or executions. Courts examine such transfers for voluntariness.
Vito Villarreal fell behind on mortgage payments to Voss Shipping. To avoid foreclosure proceedings, Vito executed and delivered a deed transferring the property directly to Voss Shipping. The mortgage was discharged upon the transfer, and no junior liens attached because the transaction was treated as satisfying the debt in full.
Violet Vang paid the Church of Scientology for auditing sessions and claimed the amounts as charitable deductions. The payments were held not to qualify because they were exchanged for services rather than made by deliberate owner act without compulsion, so they did not meet the definition of a voluntary transfer.
Select any source to read its text and confirm it supports the definition.
Vista Manufacturing employees' children lived in a racially segregated district. The district adopted a voluntary transfer program allowing students to attend schools outside their neighborhood to increase integration. Families chose the transfers without compulsion, and the program operated alongside other race-conscious measures.
A voluntary transfer occurs when the owner deliberately conveys property or rights, such as through a deed in lieu of foreclosure. An involuntary transfer arises by operation of law, such as a foreclosure sale or execution levy. The distinction determines whether junior liens are extinguished and whether the transaction requires scrutiny for duress.
Supporting sources
A check bearing the notation interest on the antecedent balance together with an accompanying note acknowledging responsibility satisfies the requirement. The notation and delivery constitute a voluntary transfer of money as interest on the debt under the Restatement rule. Courts examine whether other facts indicate a different intention, such as hedging language about the statute of limitations.
Supporting sources
No. A partner may freely assign only the transferable economic interest consisting of rights to profits and distributions. The assignment does not cause dissociation of the partner or dissolution of the partnership unless a separate statutory ground exists. The assignee receives only the assigned distributions once the partnership has notice.
Supporting sources
…required by those cases often included race-conscious practices, such as mandatory busing and race-based restrictions on voluntary transfers. See, e.g., Columbus Bd. of Ed. v. Penick , 443 U. S. 449, 455, n. 3 (1979); Davis v. Board of School Comm’rs of Mobile Cty. , 402 U. S. 33, 37–38 (1971); Green v. School Bd. of New Kent…