Need. Because if you guarantee, it is guaranteed by the family property of both husband and wife, and both parties must agree. Otherwise, when the bank asks you to perform the guarantee responsibility, your wife can say that the property is hers and refuse to perform the guarantee responsibility.
Second, can couples who guarantee personal loans entrust their signatures?
The secured loan is only valid if both husband and wife are present in person and sign it. If one party can't arrive temporarily, it needs to go to the local notary office for authorization notarization, and it is also possible for the entrusting party to go to the bank to sign the notarial certificate. A secured loan refers to a loan provided by the borrower or a third party according to law. Secured loans include mortgage loans, mortgage loans.
According to the different ways of guarantee, it can be divided into: guarantee, mortgage and pledge (deposit lien is rarely used)
(1). Guaranteed loan: refers to a loan issued by a third party in the form of guarantee stipulated in the Guarantee Law of People's Republic of China (PRC), which promises that the borrower will bear joint and several liabilities in case of failure to repay the loan.
(2) Mortgaged loan: refers to the loan granted with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law of People's Republic of China (PRC).
(3),: refers to the mortgage method with the movable property or rights of the borrower or the third party as the pledge as stipulated in the Guarantee Law of People's Republic of China (PRC).
According to the loan term, it is divided into short-term loans, medium-term loans and long-term loans.
The specific division method is the same as the corresponding terms of credit lending. Extended data:
Precautions for secured loans:
1. The information provided to the bank shall be true, the address and contact information provided shall be accurate, and the bank shall be informed of any change in time;
2. The loan purpose should be legal and compliant, and the transaction background should be true;
3. According to your repayment ability and future income expectations, choose the repayment method that suits you;
4. Apply for a loan amount according to your own ability. Usually, the monthly repayment amount does not exceed 50% of the total family income;
5. Read the terms of the contract carefully and understand your rights and obligations;
6. Repay on time to avoid bad credit records;
7. Don't lose the loan contract and IOUs. For mortgage loans, don't forget to cancel the mortgage registration after paying off the loan;
8. prepayment must be handled by communicating with the bank one month in advance.
3. Is the bank loan guarantee signed by both husband and wife?
Legal analysis: bank loan guarantee requires the signature of both husband and wife. Because the guarantee is based on the family property of both husband and wife, it must be agreed by both parties, and the signature of one party cannot be established. Need to know whether the loan guarantor's guarantee method is general guarantee or joint and several liability guarantee. The difference between them is as follows: 1. The parties agreed in the suretyship contract that when the debtor fails to perform the debt, the surety shall bear the suretyship liability, which is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract 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.
Legal basis: Article 1064 of People's Republic of China (PRC) Civil Code, husband and wife are in the same debt. The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
4. Is it necessary for husband and wife to sign a bank loan guarantor?
Need. Because the family property is used as a guarantee, both of them have to agree. Now my dad guarantees loans to others and doesn't pay them back. As a result, the bank deducted all my dad's deposits, and only my dad signed the guarantee. So is the bank doing the right thing?