[CLBS] Judgment showing up as lien on non-borrower husband's house -community property liability?

[dbc dbclarklaw.com]

H was married at the time it was purchased, so it's community property.  See Credit Bureau of Eastern Idaho, Inc. v. Lecheminant, 149 Idaho 467, 235 P.3d 1188 (Idaho 2010).  Bad case IMHO, but there it is.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
967 E. Parkcenter Blvd., #282
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055
Cel:  208-863-2505

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Wednesday, January 26, 2022 3:14 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Judgment showing up as lien on non-borrower husband's house -community property liability?

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. 

 

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HOLLY ROARK

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Certified Bankruptcy Specialist -

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