Not necessarily, the guarantor should repay the loan according to the share agreed in the guarantee contract. If it is agreed to bear half, he will bear the debt according to half. If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all the guarantors are obliged to guarantee the realization of all the creditor's rights.

Legal analysis

The surety who assumes the suretyship liability has the right to recover from the debtor, or ask the other sureties who assume joint liability to pay off their shares. If the guarantor is jointly and severally liable for the debt, one of them shall have the right to recover from the debtor or other guarantor who is jointly and severally liable after assuming all the debts. Therefore, the joint and several liability guarantors can recover from each other. As long as the guarantor pays off the debt to the creditor in accordance with the guarantee contract or assumes the liability for compensation to the creditor according to law, he can obtain the right of claim for repayment against the debtor, that is, the right of recourse. According to the provisions of relevant laws, the guarantor can recover from the debtor after assuming the guarantee responsibility. Theoretically, this right of the guarantor is called the right of recourse of the guarantor. As for the property guarantor, he also enjoys the right of recourse, and the third party, as the mortgagor, enjoys the right of recourse from the debtor. Relevant laws also give the guarantor the right of recourse against the guarantor who is liable for fault compensation. The recourse of the guarantor becomes a civil right enjoyed by the guarantor, the true guarantor and the invalid guarantor. The recovery of partnership debts means that the partners are jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. Where a partner repays the partnership debt in excess of its due amount, he shall have the right to recover from other partners. A partner shall bear unlimited joint liability, and shall have the right to recover from other partners if the amount of repayment exceeds the proportion of losses shared by him according to law.

legal ground

Article 699 of the Civil Code of People's Republic of China (PRC), if there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the creditor may require any guarantor to bear the guarantee responsibility within the scope of its guarantee.