Does the guarantor's spouse have to sign the loan documents?

It is your decision as to whether not to include spousal waiver and consent language in your loan document package. Yes, ultimately this is a business decision that your company will need to make based on its own internal processes for documenting spousal waiver and consents and its independent risk analysis of the transaction.

GoDocs has identified several states to be a community property state. The GoDocs default is to include spousal waiver and consent language for such states with identified married borrowers and the GoDocs system does allow each lender to make a selection on this issue based on its own internal processes and risk tolerance.

GoDocs advises customers to reach out to local counsel for legal analysis and opinions on the matter and to understand the risks of not including spousal waiver and consent language in the Loan Documents.