Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have a LLC company. I am married but my spouse is not a…

Customer Question
I have a LLC company...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
2/4/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am working with a broker to rent an office space for my
I am working with a broker to rent an office space for my business in Massachusetts. The landlord asked me to sign a Personnel Guarantee in addition to the lease documents. My questions is whether my … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A business partner didn't file the rest of the paperwork for
A business partner didn't file the rest of the paperwork for the LLC, but signed personal guaranty documents for both the lease and loan for our business. She has now decided she doesn't want anything… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am the tenant (restaurant) at a commercial space in
I am the tenant (restaurant) at a commercial space in Seattle, wa. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I will need to sign a personal guarantee for a lease space
I will need to sign a personal guarantee for a lease space for a business. The lease will be signed by my LLC. I understand that I woll become personally liable for the guarantee. In the guarantee, th… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I was a 1/2 owner of an LLC in colorado starting in 2004. In
I was a 1/2 owner of an LLC in colorado starting in 2004. In 2009, my business was in debt for $90K and my partner wanted control of it so i signed it over to him. He changed the name of the registere… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I own a small LLC sole proprietorship...I am the only member
I own a small LLC sole proprietorship...I am the only member of the LLC. My brother...to whom I subcontract some work...signed an agreement representing himself as the President and CIO of my LLC. Whe… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I purcahse a convenience store, which the seller defrauded
I purcahse a convenience store, which the seller defrauded me by showing me a fack monthly income. Based on that condition I signed a lease with a personal guaranty. The seller sued me and after full … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,461 satisfied customers
My wife is negociating with a mini mall on renting space for
My wife is negociating with a mini mall on renting space for a massage therapy business. She wants to name it (Last name) massage clinic..Do we set it up as a subchapter S Corporation or an LLC. What … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My medical equipment business was audited and fined $217000.00.
My medical equipment business was audited and fined $217000.00. I had to sell my house to pay the fine. I transferred ownership of my company via a 100% stock transfer in hopes of the business carryin… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My husband had a small LLC company that folded up a couple
My husband had a small LLC company that folded up a couple years ago. They had an equipment that he leased but returned it after not paying for several months. The leasing company tried to sue him and… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
The promisory note drafted by the debtor say XXXX XXXXXX of
The promisory note drafted by the debtor say XXXX XXXXXX of FAA will repay. The signature line signed by XXXX XXXXX says XXXX XXXXX/FAA. However he writes in "of" and adds "LLC." He does have an LLC b… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I am getting ready to lease a commercial space for my business.
I am getting ready to lease a commercial space for my business. The landlord was a personal guarantee. I told him that since I am an LLC, I will sign it as my LLC. He says since Arizona is a community… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I sold a business in 2009. There were 2 involved in the sale.
I sold a business in 2009. There were 2 involved in the sale. - XYZ, LLC - owned the real estate and leased it to ABC, LLC. ABC operated a nursing home facility. ABC and XYZ were owned by EFG, LLC - w… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
Robert Michels met Allison Formal through online dating website
Robert Michels met Allison Formal through online dating website in 2002. Michels represented himself as retired chif executive officer oof a large company that he had sold for millions of dollars. In … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Does a fiduciary duty exist between a managing member (Florida
Does a fiduciary duty exist between a managing member (Florida LLC Number 1) of a Florida LLC Number 2 to another member of the Florida LLC Number 2? (Under LLC law, I thought it was only duty of care… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Summer of 2008, I closed an LLC. My ex-partner/ex-husband (from
Summer of 2008, I closed an LLC. My ex-partner/ex-husband (from the LLC) had formed a similiar/same type company and then sued me for mismanagement. He wanted me out of the one we had formed together.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We live in AZ which is a community property state and requires
We live in AZ which is a community property state and requires the joinder of a spouse to bind the community. I signed a personal guaranty in Indiana (my spouse did not). Would community assets be tou… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
i have entered into a commercial lease for my retail business.
i have entered into a commercial lease for my retail business. my business is a llc and is listed as the tenant c/o my name. if the business need to get out of the lease and the llc has no money, can … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x