Legal Question in Real Estate Law in California

I live in California. My husband signed personal guarantee for a commercial real estate mortgage in another state, and the loan defaulted. I did not sign the guarantee. California being a community property state - to what extent my personal assets, or the common assets of my husband and myself are at risk of collection against that guarantee?


Asked on 1/31/10, 9:30 pm

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

This is a question that requires research. If it is a significant amount, I would hire an attorney, me or someone else, and find the answer, for example: that the contract contains a clause that it is under the jurisdiction of the other state, by laws of that other state. Further, I dont believe there was any evidence that the other party intended to include assets beyond the personal assets of your husband. They may not include the assets of the marriage, but I believe it is possible to clarify your security even further with regards to your separate property. Please let me know if I may help.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/05/10, 10:13 pm


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