[CLBS] Judgment showing up as lien on non-borrower husband's house -community property liability?
Jonathon Frantz
jonathon at postfallslaw.com
Wed Jan 26 15:20:05 MST 2022
Holly,
How is the house titled to the H? Does it mention "H, a married man as his
sole and separate property"? Or, does it just say "H, a married man"?
Jonathon Frantz
Attorney
806 E. Polston Ave., Suite B
Post Falls, Idaho 83854
Ph: (208) 262-3893
Fax: (208) 262-3894
https://protect-us.mimecast.com/s/s3qNC4x3vLtzxEg5hOZA1L?domain=postfallslaw.com
On Wed, Jan 26, 2022 at 2:14 PM Holly Roark <holly at roarklawboise.com> wrote:
> Husband and wife have an LLC. W is 51% member; H is 49%. Judgment is
> against
> the LLC and W. Judgment was recorded in the county and shows up as a lien
> on
> H's real property. Assuming H's real property was purchased during marriage
> and there is no prenup, is it proper for his house to be liable on the
> LLC's
> and W's debt? I need a refresher on community property rules. The debt is a
> business debt with a personal guarantee signed by W.
>
>
>
> Best regards,
>
> HOLLY ROARK
>
> Attorney at Law
>
> Certified Bankruptcy Specialist -
>
> By the State Bar of California Board of Legal Specialization
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