Generally speaking, changing the bank guarantor needs to apply to the bank. With the consent of the bank, the guarantor can be changed. If the bank does not agree, it can also choose to sue the bank to change the guarantor. The duty of the court is to solve personal or property disputes between the parties according to law. The guarantee responsibility for the bank belongs to the property dispute between the parties and the bank and belongs to the jurisdiction of the court. Therefore, the settlement of disputes with banks can choose to bring a lawsuit to the court and solve them through court judgment, ruling or mediation. However, according to the provisions of the Civil Code of People's Republic of China (PRC) promulgated by 202 1, a guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or bear the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur. Guarantee is a guarantee provided by a third party for the debtor to the creditor. The commitment of guarantee responsibility has nothing to do with whether the marriage relationship exists or not, and whether the other party knows what the other party is doing. Therefore, as long as the guarantee contract is valid, if one of the husband and wife still fails to pay off the debt, even if the divorce, the guarantor also needs to bear the guarantee responsibility. Therefore, divorce is not a legitimate and reasonable reason to change the guarantor, and the court may not support the plaintiff's claim.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.