The guarantor's spouse is generally not liable, but it also needs to make different judgments according to the specific circumstances, because if it belongs to the same property of husband and wife, then the guarantor's spouse needs to bear certain responsibilities, and if there is evidence to prove that it belongs to personal property, it does not need to bear responsibilities.

1. Is the guarantor's spouse responsible?

Under normal circumstances, the guarantor's spouse is not liable, and the guarantee can generally be divided into general guarantee and joint guarantee. If it is a guarantor of joint and several guarantees, the creditor may ask the guarantor to bear joint and several liabilities when there is a repayment problem. If the husband and wife share the property, the guarantor's spouse needs to share it. If there is evidence to prove that it is the personal property of the spouse, it may not be liable for guarantee. The legal liability paid by the guarantor is divided into two types:

(1) General warranty responsibility

Its responsibility is that when the debtor can't pay off the due debt, the guarantor should bear the responsibility, that is, pay off the due debt.

(2) Joint and several liability for guarantee

The creditor's responsibility to pay means that when the debt reaches the repayment period, the creditor has the right to ask the debtor or guarantor to repay the debt. When the guarantee is a general guarantee, the guarantor has the right of defense, that is, the guarantor has the right to refuse the creditor's repayment request before the creditor applies to enforce the debtor's property or fails to enforce the security interest. Co-guarantors have no such right.

The repayment period stipulated in the contract is one year from the date of repayment. After one year, you can decide to repay the loan according to your own wishes.

2. What are the risks of secured loans?

1, the "relatively low priority" risk of loan mortgage.

Mortgage is a real right for security based on the contractual agreement between the commercial bank and the borrower (or the third party providing mortgage guarantee for the borrower), behind which is the legal priority based on the exercise order directly stipulated by law. Once the legal priority and mortgage priority meet in the loan case, the mortgage priority is relatively low, which may lead to the loss of protection of bank loan claims to a certain extent or even completely, that is, the suspension of loan claims.

2. Risk of non-performing mortgage loan review.

Article 36 of the Law on Commercial Banks stipulates that commercial banks have the legal obligation to strictly examine the ownership, value and feasibility of collateral, so as to ensure that the collateral's guarantee function for loans can be effectively and fully exerted. In practice, there are many operational problems and great risks in the bank loan mortgage review business. The outstanding problems and risks mainly include: first, the loan ownership is misplaced; Second, the overvaluation of collateral directly causes loan risk; Thirdly, the feasibility of mortgage exercise has a significant inverse proportional impact on the loan risk.

3. Risks of signing contracts and mortgage registration.

In practice, the outstanding risks in signing and mortgage registration mainly include: first, the risk that the loan contract or mortgage contract is invalid; Second, there is no registration or no risk of registration; The third is the risk of repeated registration; The fourth is the risk in loan repayment or loan creditor's rights transfer business; The fifth is the risk of "two certificates" of real estate mortgage.

4. Risks in post-loan mortgage management.

Because mortgage is a security interest that the mortgaged object does not transfer possession, after the mortgage is effectively set and the loan is issued, the mortgage is still occupied by the mortgagor. The physical existence form, value form and mortgage maintenance of collateral have great influence on the actual and legal effectiveness of collateral, so the management of collateral faces great risks. The risks faced in the practice of post-loan mortgage management mainly include: the risk that the mortgagor will dispose of the collateral at will because of the weak credit concept and legal concept; Risk of collateral loss; The risk of losing mortgage restrictions; The risk that the mortgage is illegally ruled invalid; Risks of applying the principle of "creditor's rights go with assets" and the rule of "ex-rights period" in enterprise restructuring.

In our real life, our country pays great attention to the responsibility of guarantee, because many loans are guaranteed now. If it belongs to the common property of husband and wife, then it should be shared, that is, the guarantee responsibility should be shared.