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Is a personal gaurantee enforcable on joint property of a married couple

Bethlehem, PA |

I am a partner in a restaurant. The husbands all signed personal gaurantees for the lease, which is in Arizona. THe Arizona law states the gaurantee is not enforcable without the spouses' signatures.

Attorney Answers 1

Posted

It's unclear from your facts exactly what's going on. If you have a question about Arizona law, I would suggest posing that question to Arizona lawyers by logging with an Arizona address.

Pennsylvania law, however, generally protects property held by a husband and wife (a special type of ownership called a "tenancy-by-the-entireties") from judgments against only one of the spouses. So the answer to your question (I think) is that a monetary judgment against your husband for breach of a restaurant lease should not jeopardize property held by the both of you as husband-and-wife. Does that make sense? Hope this is what you're asking.

Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
cbh@carybhall.com

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