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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 28809
Experience:  Lawyer
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I have a LLC company. I am married but my spouse is not a

Customer Question

I have a LLC company. I am married but my spouse is not a part of the company. Nor is he on any documents for this company. My landlord wants my spouse to sign Fully executed Personal Guaranty from him.
1. Why would he need to do this?
2. Legally would he need to?
Thank you,
Misty ****
Morgan Rae's
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi Misty,

I'm Lucy, and I'd be happy to answer your questions today.

1. In many states, a creditor can only attach your house if they get a judgment against BOTH spouses. So one option is that the landlord wants to be able to take your home to pay the rent if you don't pay. (if you're in one of those states) Or he may want to avoid a situation where you can put all assets into your husband's name to avoid paying your a judgment.

2. Legally, the landlord can refuse to rent to you if he's concerned about your ability to pay the rent. So, while your husband doesn't have to sign, the landlord doesn't have to rent to you if he doesn't. You are, however, free to search for another property to rent with a landlord who will accept your own personal guarantee without involving your husband.

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