If the spouse does not sign, the guarantee is also valid. However, if a guarantee contract is signed without the knowledge of the spouse, the guarantee will be regarded as a personal guarantee of one party, and as a personal debt, the spouse will not bear the guarantee responsibility. The guarantor is the guarantee that the debtor can perform his obligations. When the debtor fails to perform his obligations, the guarantor will perform his obligations instead of the debtor. Secured creditor's rights refer to the rights and obligations arising from guarantee. Creditor's rights guarantee means that in international lending, the lender requires the borrower to provide various guarantees to ensure that the loan can be fully repaid. People's guarantee, property guarantee and other forms of positive and negative guarantee. Personal guarantee is a credit guarantee, which means that the guarantor provides a guarantee for the borrower to the lender. When the borrower fails to perform the debt, the guarantor is responsible for the performance.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 386 Where the debtor fails to perform the due debt or the parties agree to realize the security interest, the holder of the security interest shall have the priority to be compensated for the secured property according to law, except as otherwise provided by law.

Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 390 During the guaranty period, if the mortgaged property is damaged, lost or expropriated, the owner of the secured property may get the insurance money, compensation or compensation in priority. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation may also be deposited.

Derivative problem:

Under what circumstances can I not be a guarantor? 1. The relationship with the lender is husband and wife, because they have the same economy. If one person can't pay the loan and the other person can't pay the loan, then the guarantee is meaningless. 2. People from other places can't make loans as guarantors. Usually, banks have the same household registration requirements for borrowers and guarantors. If the guarantor is a foreign household registration, there is also a huge repayment risk for the bank. 3. A person without financial resources can't be a guarantor, because the guarantor's responsibility is that when the borrower fails to repay on time, the guarantor has the responsibility and obligation to help the borrower repay. Guarantors have no financial resources, so they naturally have no repayment ability.