Glossary · People and paperwork
Marital property law
In short
These are state-specific laws that govern how assets and debts acquired during a marriage are owned and divided between spouses. You care because these laws impact what assets can be pledged as collateral and the necessity of spousal guarantees for your loan.
What it means in a deal
Your lender will consider your state's marital property laws when evaluating your personal financial statement and potential collateral. In community property states, your spouse will almost certainly need to sign the personal guarantee even if they are not a principal in the business.
Related terms
Common questions about Marital property law
- If the business property is owned by the seller's separate entity, can the SBA 7(a) loan include financing for both the business and the property?
- What if the business property is owned personally by the seller?
- Can an SBA 7(a) loan finance the purchase of intellectual property?
- What if my business has very little physical property to offer as collateral?
- Can an SBA 7(a) loan finance property improvements on leased land or buildings?
- What if the acquired business property has existing environmental concerns, like old fuel tanks?
Defined by CapBench SBA Intelligence — plain-English definitions for business buyers, lenders, advisors, and AI agents, grounded in public SBA rules and records. Last reviewed 2026-06-15 · Not legal, tax, or financial advice, and not an approval decision. Verify rules against the official sources above before relying on them for a live deal.
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