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Does the loan guarantor need both husband and wife?
1. Does the loan guarantor need both husband and wife?

Couples don't necessarily need a guarantor for loans. If the bank requires it, it should provide a guarantor. Among them, an organ legal person may not be a guarantor, and a non-profit-making legal person or an unincorporated organization for public welfare may not be a guarantor. According to Article 1064 of the Civil Code, the debts incurred by both husband and wife with the same signature or by one party's ratification afterwards, as well as the debts incurred by one husband and wife in his own name for the daily life of the family during the marriage relationship, belong to the same debt. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

Second, do couples need a guarantor for loans?

Because the guarantee may form debt, external guarantee can also be regarded as the disposal of * * * property. According to the regulations, the disposal of * * * property requires the consent of * * *. So some banks will stipulate that the guarantor of the lender needs to be both husband and wife. Of course, not all banks have such regulations, and even banks that implement this regulation will have quota regulations. Generally, if the amount exceeds the quota, both husband and wife need to sign, and only one person can sign below.

Third, the guarantor must be husband and wife?

number

The lender's loan is used between husband and wife, so both husband and wife are required to jointly guarantee it, so both husband and wife have the obligation to repay it together. Both husband and wife are required to guarantee the loan, because the lender is unable or defaults in repayment, and both husband and wife are responsible for the loan. The number of guarantors still depends on the specific loan purpose.

4. Does the loan guarantor need both husband and wife?

Couples don't necessarily need a guarantor for loans. If the bank requires it, it should provide a guarantor. Among them, an organ legal person may not be a guarantor, and a non-profit-making legal person or an unincorporated organization for public welfare may not be a guarantor.

legal ground

Article 1064 of the Civil Code

The debt signed by both husband and wife with the same name or ratified by one of them afterwards indicates the wife's life needs during the marriage relationship, which belongs to the same debt of husband and wife.

One of the spouses exceeds the daily needs of the family in his own name during the marriage relationship; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.