Is an IOU written between husband and wife legally valid?

The IOU written between husband and wife is an expression of the true intention of both parties, does not violate the mandatory provisions of laws and regulations, does not violate public order and good customs, and has legal effect, but the loan during the existence of the husband and wife relationship can generally only be disposed of at the time of divorce, and if it is not divorced, it is generally not handled.

Article 1065 of the Civil Code of the People's Republic of China: A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Article 82 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family: Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.

From the above provisions, we can see that husband and wife have the right to agree on the disposal of the property obtained during the existence of the marital relationship, and if one party lends the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, indicating that the IOU is valid, but at the same time, the judicial interpretation also makes it clear that it can be treated as a loan agreement in the event of divorce, but if the divorce is not made, the property of both parties still belongs to the joint property of the husband and wife, and there is no need to divide it.

As long as it is a true expression of intent, it must be valid. The law does not stipulate that husbands and wives may not lend money to each other, and private law jurisdictions respect the autonomy of the parties, as long as the act is not illegal.

In terms of the nature of the IOU, if the property between you is independent of each other, then the husband and wife, as independent civil subjects in the property reform, belong to the loan relationship in the sense of contract law, and can sue the court during the marriage. However, if your property is commingled, then the IOU should be regarded as the division of the joint property in the marriage, and if the interest is claimed during the marriage, the court will generally not accept it, but if the divorce occurs, then you can enjoy the corresponding interest based on the IOU. It is found that the disposition of marital property is valid.

China's Marriage Law stipulates that husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Although our law stipulates that property after marriage is joint between husband and wife.

Legal analysis: If a husband and wife borrow money for personal business or other personal affairs, the IOU written is valid. Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.

Legal basis: Ignite the Civil Code of the People's Republic of China

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

An IOU between husband and wife has the force of law, subject to the following legal conditions:

Both husband and wife, as actors, shall have the corresponding capacity for civil conduct;

The intention of both husband and wife is genuine;

The content of the IOU does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

The role of the IOU between husband and wife:

1. If there is only one IOU but the actual borrowing does not occur, then the borrowing behavior is not true, and the claim of the creditor will not be supported by the court. For example, some couples play games during the existence of the marital relationship, and the losing party writes an IOU of 1 million to the winning party, and later the two divorce, and the winning party takes the IOU and asks the other party to perform, this IOU itself has no legal effect and will not be supported by the court.

2. If the husband and brother sentence the wife to write an IOU and obtain the money specified in the IOU, but the money is actually used for the husband and wife to live together, but not for personal use, in such a case, according to the provisions of the Civil Code of China, the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the jointly owned property.

If the money borrowed between the husband and wife is used for the joint property of the family and is used for the common living expenses of the family, the so-called loan relationship between the husband and wife ceases to exist. At this time, if the validity of the IOU is continued to be determined and the party issuing the IOU is solely liable for the loan, it is obviously in violation of the provisions of the Civil Code that husband and wife have equal status in the family, and it is also obviously unfair.

3. If the loan is used for the borrower's personal affairs, then an effective creditor-debtor relationship has been formed between the husband and wife. If it is not found to be valid, it denies the existence of one of the husband and wife as an independent subject of civil rights, and makes the property dust search system agreed upon by the husband and wife lose its legal and practical significance. Compared with the legal property system of husband and wife, the marital property system emphasizes the protection of the private rights of one of the husband and wife, and the realization of the private rights of one of the husband and wife (i.e., personal ownership) is often completed through the realization of creditor's rights.

It is precisely because one of the husband and wife is an independent subject of civil rights that the creditor's rights and debts between husband and wife are different from those in civil law, in which the creditor's rights and debts are extinguished by the same subject. Therefore, from the perspective of implementing the property system agreed upon by husband and wife, the loan relationship between husband and wife should be recognized as having macro effect.

The creditor's rights and debts arising from the loan between husband and wife are not joint creditor's rights and debts, and are not extinguished by the unity of the subject. Of course, depending on whether the borrowed money is joint property or personal property, there will be a difference between partial and full returns. <>

Borrowing money between husband and wife to write IOUs is also legally valid.

Although the agreement between the husband and wife on the IOU is valid, although it occurs during the existence of the husband and wife relationship, the nature of the IOU is a contract under civil law and is the result of the autonomy of the parties. In other words, as long as the signing of the IOU is an expression of the true intention of both parties, and there is no fraud or coercion, it has legal effect. Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and may be handled in accordance with the provisions of the loan chain agreement in the event of divorce.

Format and precautions for IOUs.

1. a main body; The subject of the creditor's right and debt relationship should be clearly expressed, that is, who is the creditor and who is the debtor (note the ambiguity of the word "borrow"); When a natural person is the subject, the name on the identity certificate should be checked, and the resident ID number should be copied on the IOU when conditions permit; When the legal entity is the main body, it shall be stamped with the official seal of the unit.

2. an object; The unit of the amount should be clear, the amount should be written in traditional Chinese, and the ratio should be clear percentage, 10000 percent, and 10,000 percent.

3. Content; Be clear and take care to avoid ambiguity. The return date should be clear, and if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is a liquidated damages agreement, it should be stated. If there is a guarantor, the method of guarantee should be indicated and the guarantor should be indicated.

4. In duplicate; It is advisable to have two copies of the documents, one for each party. As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, it is written and sealed by the debtor, borrower, and receiver, but in reality, there are many cases where the creditor, lender, and giver write and then signed by the debtor, borrower, and recipient. In this case, if the debtor, borrower, and receiver do not have the same slip in their hands, and the writer has manipulated the only remaining slip and increased the amount of the loan, how can the signatory defend it?

On the other hand, if there are two identical (duplicate) documents, it will not only be futile but also emotionally hurtful. Are you clear?

Legal basis: Article 143 of the Civil Code Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

China's law does not prohibit natural persons with the status of husband and wife as the subject of the loan contract, and the IOU is also a form of contract in essence, as long as the content complies with the provisions of the law and the parties have the corresponding civil capacity, the IOU has legal effect.

Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.