{"ok":true,"canonical_url":"https://dealroom.so/glossary/marital-property-laws","api_url":"https://dealroom.so/api/public/glossary/marital-property-laws","data_freshness":{"sba_records_through":"2026-05-31","fdic_records_through":"2026-03-31","dealroom_last_updated":"2026-06-15","timezone":"America/Chicago"},"source_summary":["Public SBA 7(a) loan records","FDIC institution data","DealRoom lender and franchise enrichment"],"term":{"slug":"marital-property-laws","term":"Marital property laws","group":"People and paperwork","definition":"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":"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.","url":"https://dealroom.so/glossary/marital-property-laws","official_sources":[{"slug":"13-cfr-part-120","title":"13 CFR Part 120 — Business Loans","official_url":"https://www.ecfr.gov/current/title-13/chapter-I/part-120","official_label":"View on eCFR","authority_tier":1,"publisher":"Office of the Federal Register","source_guide_url":"https://dealroom.so/sba-7a/sources/13-cfr-part-120"},{"slug":"sop-50-10","title":"SOP 50 10 — Lender and Development Company Loan Programs","official_url":"https://www.sba.gov/document/sop-50-10-lender-development-company-loan-programs","official_label":"View on SBA.gov","authority_tier":2,"publisher":"U.S. Small Business Administration","source_guide_url":"https://dealroom.so/sba-7a/sources/sop-50-10"}],"related":[{"slug":"non-community-property-state","term":"Non-community property state","url":"https://dealroom.so/glossary/non-community-property-state"},{"slug":"personal-guarantee","term":"Personal guarantee","url":"https://dealroom.so/glossary/personal-guarantee"},{"slug":"collateral","term":"Collateral","url":"https://dealroom.so/glossary/collateral"},{"slug":"guaranty","term":"Guaranty","url":"https://dealroom.so/glossary/guaranty"}],"related_questions":[{"question":"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?","url":"https://dealroom.so/sba-7a/questions/if-the-business-property-is-owned-by-the-seller-s-separate-entity-can-the-sba-7-a-loan-inc"},{"question":"What if the business property is owned personally by the seller?","url":"https://dealroom.so/sba-7a/questions/what-if-the-business-property-is-owned-personally-by-the-seller"},{"question":"Can an SBA 7(a) loan finance the purchase of intellectual property?","url":"https://dealroom.so/sba-loans/basics/can-an-sba-7-a-loan-finance-the-purchase-of-intellectual-property"},{"question":"What if my business has very little physical property to offer as collateral?","url":"https://dealroom.so/sba-loans/basics/what-if-my-business-has-very-little-physical-property-to-offer-as-collateral"},{"question":"Can an SBA 7(a) loan finance property improvements on leased land or buildings?","url":"https://dealroom.so/sba-7a/questions/can-an-sba-7-a-loan-finance-property-improvements-on-leased-land-or-buildings"},{"question":"What if the acquired business property has existing environmental concerns, like old fuel tanks?","url":"https://dealroom.so/sba-7a/questions/what-if-the-acquired-business-property-has-existing-environmental-concerns-like-old-fuel-t"}]},"caveats":["Definitions represent DealRoom's plain-English interpretation for buyers; verify regulatory terms against the official SBA and eCFR sources listed.","Not legal, tax, or financial advice, and not an SBA eligibility determination."],"citation":{"label":"DealRoom.so Glossary — Marital property laws","url":"https://dealroom.so/glossary/marital-property-laws","source_type":"DealRoom Data"}}