1. The loan guarantor needs to be signed by both husband and wife, because if the guarantee is based on the family property of both husband and wife, it must be agreed by both parties, and one party's signature cannot be established.

2. As for the consequences, it is necessary to know whether the loan guarantor is a general guarantee or a joint liability guarantee. The differences between them are as follows:

(1) If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship.

The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law.

(2) If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.

If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

Extended data

The Guarantee Law of People's Republic of China (PRC) stipulates that:

Article 13 A guarantor and a creditor shall conclude a guarantee contract in writing.

Article 14 A guarantor and a creditor may conclude a guarantee contract separately for a single main contract, or within the maximum amount of creditor's rights, they may conclude a guarantee contract for a loan contract or a commodity transaction contract that occurs continuously within a certain period of time.

Article 15 A guarantee contract shall include the following contents:

(1) The type and amount of the secured principal creditor's rights;

(2) The time limit for the debtor to perform the debt;

(3) the method of guarantee;

(4) the scope of guarantee;

(5) Guarantee period;

(six) other matters that both parties think need to be agreed.

If the guarantee contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.

Article 26 If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to ask the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period.

If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.

Article 27 A guarantor shall provide a guarantee for continuous creditor's rights in accordance with the provisions of Article 14 of this Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.

Article 28 If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the thing.

If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.

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