1. In the loan application, husband and wife cannot guarantee each other. Because both husband and wife have the right to share and control family property, if husband and wife guarantee each other, it means that the applicant guarantees for himself, forming a false guarantee, which is invalid. However, husband and wife can be co-payers, and parents, brothers and sisters, friends and others can be guaranteed. The guarantee period of a bank loan guarantor is generally determined according to the contract. If there is no agreement in the loan contract, the guarantee period shall be six months from the due date of the principal debt.

2. Legal basis: Article 68 1 of the Civil Code of People's Republic of China (PRC).

A surety contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 682

The guarantee contract is a subsidiary contract of the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.

If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

Second, can the husband and wife be sued for contract disputes?

Husband and wife can sue for contract disputes. According to the circumstances of the case, during the marriage relationship, if the creditor claims the debt incurred by one spouse in his own name, it shall be treated as the joint debt of the husband and wife, and both spouses may be sued. However, one of the spouses can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that they are under the circumstances stipulated by law.