The guarantor plays a very important role in the creditor-debtor relationship. When the debtor is unable to repay the debt on time, the guarantor needs to bear the corresponding liability. So, does the husband guarantee the debt owed by others and the wife needs to repay the debt? Let's take a look at the specifics.
It is possible for the husband to enforce the joint property of the husband as the guarantor. If the husband is required to guarantee the husband and needs to bear the responsibility, the wife shall bear the responsibility for repaying the debts because during the existence of the husband and wife relationship, it is generally a joint debt of the husband and wife. However, if the wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it is a personal debt, the wife does not need to bear the responsibility for repayment.
Article 14 of the Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts: The people's courts may seal, seize, or freeze property jointly owned by the person subject to enforcement and other persons, and promptly notify the co-owners. Where the co-owners agree to divide the common property and it is approved by the creditors, the people's court may find it valid. the effect of sealing, seizure and freezing and the property within the share enjoyed by the person subject to enforcement after the division of the agreement; The people's court shall rule to lift the sealing, seizure, or freezing of property within the share enjoyed by other co-owners.
Article 1064 of the Civil Code: Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
Article 1065 of the Civil Code: A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
The above is the specific content of the introduction, the wife can prove that the creditor and the debtor have clearly agreed that it is a personal debt, or can prove that it is a personal debt, the wife does not need to bear the responsibility for repayment, and at the same time, the guarantor also needs to pay attention to legal risks to avoid unnecessary trouble to himself because of blind guarantee.