Legal Question in Real Estate Law in Georgia

Personal Gaurantee

I sold a business in 2007 and the new owner is struggling to meet his rent. I have a personal gaurantee on the lease until May 14th, 2010. My wife is not on the lease or personal gaurantee. If all money is in her name can they go after her? Can they put leins on personal assets such as your home,vehicles, retirement etc?


Asked on 9/11/08, 12:03 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Personal Gaurantee

Assuming that you mean that the new owner of your business is a subtenant and you are still responsible to the landlord as the master tenant, then the exact terms of the lease and the guarantee would determine her liability. However, based on your facts, your wife would have no liability, and only assets in your name would be at risk.

However, keep in mind that transferring assets to avoid liability is illegal.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 9/15/08, 2:41 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Personal Gaurantee

Your question needs to have some gaps filled in. E.g., "personal guarantee" from whom to whom? etc. Consult with a local attorney to have all the circumstances and documents reviewed. If you would like to discuss, fee free to call me.

Read more
Answered on 9/11/08, 8:26 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia