Are spouses required to sign a personal guarantee even if they are not a part of the business deal?

I work for a construction company in Arizona. If 2 brothers are in business
together and contract with us to build them a new office, and we have them
sign a personal guarantee in the event that loan falls through, are their wives
required to sign this document as well, even tho they are not part of the

Asked on June 28, 2017 under Business Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, spouses are not required by law to sign a personal guarantee: spouses are separate persons legally. A guarantee is perfectly legal and enforceable without a spouse's signature, and in fact, the vast majority of guarantees are *not* signed by spouses (unless those spouses are themselves part of the deal in some way, and so were required to sign by the company advancing the loan or providing the services, which required the spouses to sign as a condition of entering into the transaction).

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