[WSBAPT] Separate debt - community property question

[Bryce Dille]

See RCW 26.16.200  If it is truly a separate debt then husband cant bind any interest in community property to pay a separate debt without spouse agreeing.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ron Housh
Sent: Wednesday, January 29, 2020 12:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Separate debt - community property question

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

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