[WSBAPT] Separate debt - community property question

[Ron Housh]

LLC owns real estate and has contracted to build a home.

 

Contractor wants husband to sign a personal guaranty guarantying payment
owed to contractor.

 

Husband wants to sign "John Doe - In His Individual Capacity on behalf of
his Separate Property"

 

I represent contractor.  I had asked that he sign "John Doe - In His
Individual Capacity on behalf of his Separate Property and his 50% interest
in community property."

 

My concern is that Husband John Doe may not have any liquid separate
property.  

 

Am I correct in being concerned that if Husband signs "John Doe - In His
Individual Capacity on behalf of his Separate Property" and the LLC defaults
on payments and John Doe has no liquid separate property, Contractor may not
be able to recover against John Doe - Husband's interest in community
property??

 

Bar exam type question???

 

Thanks,

 

Ron

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

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