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My husband is guarantor for my rental apartment. He listed…

My husband is guarantor for...
My husband is guarantor for my rental apartment. He listed $66,000 as liability on our marital assets figures for his being guarantor. We have Postnuptial Agreement said divided all assets liabilities 50-50.1. Is correct to list $66,000 as liability?
2. If leave it husband as guarantor on my lease agreement, 100% of $66,000 deducted from marital assets?
3. If remove husband’s name as guarantor, is it legal?
4. I suggested leave as it is then “ time of moving, had no damage was done, no $66,000 was spent, husband pay me $33,000. “ added in the divorce agreement.
5. What’s the best way to deal with issue?
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Answered in 11 minutes by:
11/19/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,213
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. Good to hear from you. Where is the $66,000 figure coming from? I understand he is the lease guarantor in the event you cannot make you rent, but what is that based on?

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Customer reply replied 8 months ago
Good point. I never thought about that. My lawyer never question that too. My rent is $5,650/mo., was $5,500/mo.2014. I see, he x 12 months.My lawyer is not helpful in many area, infact plotting against me together with husband’s attorney. Wants to make deserter financially so that I have no money left in end of divorce.Long story short, I have changed so many lawyers since March 2014, my trail set to 12/04/2017, no time to change. Husband’s lawyer orchestrated to destroy my reputation front of court, let judge focus to my changing attorneys is cased delay so that husband seek his attorney’s fees ( $150,000 - 200,000 ) and pendente lite ( $600,000 ) reimbursed from me and not getting paid my legal fees ( $200,000 ) My lawyer is helping many ways providing my changing attorneys cause delay. Then, I loose nearly million by pay him back. But fact is delay cased by husband’s 5-7 times unnecessary motions to reduce and stop maintenance, not produced important financial documents for years, denied husband’s compensation and partner’s program and other benefits. His ex- divorce agreement was produced 10/23/2017 that has been asked since commencement of divorce. I needed it to determine what’s husband’s obligation to pay alimony, child support. There’s more accounts to investigate and I am not sure if this Agreement was genuine and original. Anyway, I just You to know what why I am asking help, not my lawyer. He won’t do what my lawyer supposed to do as my lawyer, but hurting me because we had fees dispute. He took me to dispute and i was awarded reimbursement of $6,095.95 that he has not paid yet.1. So going back to question, as husband as a guarantor, need to put estimate dollars as liability?2. My lawyer demanding to produce lease agreement to eliminate husband as guarantor and $66,000 as liability. Do I have to produce lease agreement for that? ( my lawyer want find any of my fault, in this case, he wants to find out if I am telling true $ rent or if I live anyone else. )3. I have suggested that leave as it is because I am not sure that taking off husband as guarantor is legal for my lease agreement. Time of my moving, “ husband pay $33,000 back to wife if no damage was done “ or “ take off $66,000 as liability, wife pay its damage “.I don’t know what is the best legal point.
Well, his potential liability might be zero, right? If you make all the payments and there is no damage then he wouldn’t be responsible for anything. So if it’s listed as “estimated potential liability” that might work, but even still doesn’t his liability go down every month you pay rent? For example, if your rent was $5,000/month ($60,000 a year) and you paid all but the last month and then moved our, leaving no damage, the liability isn’t $60,000, it’s $5,000. Does that make sense?Really the $33,000 split I think is fair because you have an agreement to split everything 50-50.You can’t take him off as guarantor, only the landlord could do that, and they would require amending the lease agreement and presumably the landlord would want a different form of security in exchange, like a larger security deposit.
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Customer reply replied 8 months ago
Thank you,That what I thought, can’t take off husband as guarantor. My lawyer creates wasteful his time to charge me. So in this case, what propriate amount to put “ potential liability “?
How many months are left on the lease? I would say his potential liability is the monthly rent x the number of remaining months. For example, $5,000 a month x 3 months remaining on lease = $15,000.
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Customer reply replied 8 months ago
March 2018, I have to renew lease. I already renew twice since 2014. I don’t think I have time to move unless divorce is final. Husband voluntarily became guarantor in 2014. In this case, if husband want to be out as guarantor, I should let him? Then, I cannot find guarantor, none want to be guarantor, I don’t have job.
Customer reply replied 8 months ago
Is it costly process of removing husband as guarantor? What court will do thus situation? I was going to ask husband to be another guarantor if I move to a new apartment because this apartment is too high.

Removing a grantor isn't hard, and it doesn't involve the court. It would mean changing your lease because I'm sure your husband signed as the guarantor. As I said, your landord may not go for that, because your husband is a security in the event you don't pay, but perhaps you can work out an alternate arrangement, like leaving extra security deposit in the event of a breach, especially if you've been a good tenant and paid timely. So long as you can show that you still get enough money a month to make the rent they may consider that a fair arrangement.

I don't see a court forcing your husband post-divorce to continue to act as a gurantor. Of course the other option is to do what you propose and ask your husband to remain a guarantor.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,213
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Customer reply replied 8 months ago
I see, thank you,
I am thinking leaving $66,000 as possible liability and reimburse me when I move and no money was spent.
What do you think?

I think that's reasonable, yes. If he loses nothing, than he shouldn't keep the money.

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