Glossary · People and paperwork
Marital property laws
In short
State-specific rules dictating how assets and debts are owned and divided between spouses during marriage or divorce. These laws are critical in determining what assets can be used as collateral and who must guarantee an SBA loan.
What it means in a deal
Lenders must adhere to state marital property laws when securing collateral and obtaining personal guarantees. If you are married, your spouse may be required to sign the personal guarantee or formally subordinate their interest in any jointly-owned collateral, even if they are not directly involved in the business's operations.
Official sources
13 CFR Part 120 — Business Loans
Office of the Federal Register · Federal regulation
SOP 50 10 — Lender and Development Company Loan Programs
U.S. Small Business Administration · SBA Standard Operating Procedure
Last checked 2026-06-15. Official sources control — verify before relying on any rule for a live deal.
Related terms
Common questions about Marital property laws
- 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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