Yes, a guarantee usually requires the consent of the spouse. According to the Guarantee Law of People's Republic of China (PRC), when a guarantor provides a guarantee for the debtor, it shall conclude a written contract with the creditor and obtain the consent of the spouse.

I. Definition and types of guarantee

Guarantee refers to the promise or guarantee that the guarantor provides debt repayment to the debtor. If the debtor fails to perform the debt, the guarantor will bear the corresponding responsibility. The types of guarantee include guarantee, mortgage and pledge.

Second, the necessity of spouse's consent

In the process of guarantee, the consent of the spouse is a very important link. This is because of the existence of the joint property system and the joint debt system of husband and wife, which makes husband and wife have mutual property and debt responsibilities. Therefore, if one party provides a guarantee for others without the consent of the spouse, it may harm the interests and rights of the spouse.

Third, how to get the consent of the spouse.

The way to obtain the consent of the spouse can be through written agreement or oral agreement. A written agreement usually clearly stipulates the guarantee matters and the contents agreed by the spouse in the contract. Oral agreement needs to clearly inform the creditor's spouse's opinion and consent when concluding the contract.

Four. Legal consequences and risks

If a guarantee is provided without the consent of the spouse, it can be considered as an invalid guarantee, and the creditor cannot pursue the responsibility of the guarantor. At the same time, providing a guarantee without the consent of the spouse may also lead to legal risks such as the division of property and the assumption of debts.

To sum up:

Guarantee requires the consent of one spouse, because there is a joint property system and a joint debt system. Providing guarantee for others without the consent of one spouse may damage the interests and rights of one spouse, and may lead to legal risks such as joint property division and joint debt commitment of husband and wife. Therefore, before providing the guarantee, we should fully communicate and negotiate with the spouse to ensure the consent of both parties and provide the necessary proof of consent.

Legal basis:

Article 34 of the Guarantee Law of People's Republic of China (PRC): The following properties can be mortgaged: (1) Houses and other things fixed on the ground owned by the mortgagor; (2) Machines, means of transport and other property owned by the mortgagor; (three) the right to use state-owned land, houses and other fixed objects on the ground that the mortgagor has the right to dispose of according to law; (4) State-owned machinery, vehicles and other property that the mortgagor has the right to dispose of according to law; (five) the land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer; (six) other property that can be mortgaged according to law.