Both husband and wife are regular teachers, and the wife's bank loan is guaranteed by her husband. Divorce one year later, two years later, the wife deliberately refused to pay back, and the bank sued the two. When the debtor fails to perform the loan repayment obligation, the loan guarantor needs to bear the guarantee responsibility, that is, bear the repayment responsibility within the scope of the guarantee amount.

Guarantee is divided into general guarantee and joint guarantee. If there is no agreed form of guarantee, it shall be deemed as joint and several liability for guarantee.

After the creditor's right expires, the creditor may choose to ask the debtor and the joint guarantor to bear the repayment responsibility.

Where a general guarantee is agreed, if the borrower fails to perform the repayment obligation, the creditor may require the guarantor to assume the guarantee responsibility.

Guarantee law

Article 17 If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship.

The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law.

Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:

(1) The debtor's domicile has changed, and the creditor has great difficulty in asking him to perform his debts;

(2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure;

(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.

Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.

If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.