Is the IOU written during the 7th year of divorce still useful?

Replacement IOUs are generally only possible if the IOU is lost or if the IOU has not been signed before. So, does the IOU written between the parties have legal effect? If it is an IOU written by one party after the divorce, will it be recognized as a joint debt?

Whether the IOU written after the fact is valid depends on how it is written. There are two types of IOUs, one is a proof of delivery and the other is a proof of settlement. Then the IOU written afterwards is the settlement voucher.

It is suggested that such IOUs should clearly state who borrowed and when, and how much, etc., and such IOUs are valid, but they must be careful not to conflict with the actual borrowing process, otherwise it is easy to become an opportunity for the debtor to repay the debt. Whether or not an IOU written after a divorce is a joint debt also depends on the circumstances. If it is a debt incurred by the husband and wife for the purpose of living together as a family; Debts incurred by husband and wife jointly engaged in production and business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses; Debts incurred for raising children are joint debts, but if debts are incurred by one party for pleasure, etc., they are not joint debts.

During the marriage, the man issues an IOU to the woman, which is not notarized, but has the same legal effect. In this case, it is deemed that the spouses have agreed on marital property.

Article 19 of the Marriage Law provides that husband and wife may stipulate 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. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

An IOU is a written document that records details such as the fact that the borrower borrowed money from the lender and the manner and duration of repayment. Whether it is during the marriage or after the divorce, the IOU can be used as evidence to protect the rights and obligations of both parties. Hope this helps<>

Hello, I am happy to answer your question: Is the IOU written before the divorce valid Hello dear, the IOU written before the divorce is legally valid, as long as it meets the relevant legal provisions and requirements. An IOU is a written document that records details such as the fact that the borrower borrowed money from the lender and the manner and duration of repayment.

Regardless of whether the marriage is maintained or after the divorce, the IOU can be used as evidence to protect the rights and obligations of both parties. Hope this helps<>

Extended Supplements:1The validity of the IOU is old and infiltrated:

The validity of an IOU is not related to whether it was before or after the divorce, but rather whether it satisfies the requirements of the law. A valid IOU shall include basic elements such as the amount of the loan, the purpose of the loan, the method of repayment, and the repayment period, and shall be signed or sealed by the borrower and the lender. 2.

Influencing factors: IOUs written before the divorce are generally affected by the division of the marital property after the divorce. If the loan is provided by the joint property of the husband and wife, the property division procedure is generally required after the divorce, which includes the ownership of the loan.

3.Legal protection: If both parties can reach a loan agreement and sign an IOU, then the IOU has a certain legal protection effect.

In the event of a loan dispute, both parties can provide evidence to the court based on the IOU to protect their rights and interests.

Hello dear, you can tell me the specific situation in detail. <>

Summary. Hello dear<>

Legal Analysis: IOUs written before marriage can be considered valid. An IOU is a written document of creditor's rights, which records key information such as the fact that the borrower borrowed money from the lender and the agreed repayment method.

IOUs can be used as evidence to protect the legitimate rights and interests of borrowers and lenders.

Is an IOU written before the divorce valid.

Hello dear<>

Legal Analysis: IOUs written before marriage can be traced to be considered valid. An IOU is a written document of creditor's rights, which records key information such as the borrower's loan from the lender and the agreed repayment method.

IOUs can be used as evidence to protect the legitimate rights and interests of borrowers and lenders.

According to Article 10 of the Contract Law of the People's Republic of China, the principle of freedom of contract formation is the basic principle of law, that is, the parties can freely agree on the content of the contract, including the loan contract. As a kind of written creditor's right certificate, the IOU records the fact that the borrower borrowed money from the lender and the agreed repayment method and other key information, which meets the requirements for the conclusion of the contract.

An IOU written between husband and wife at the time of divorce is generally valid. According to the relevant provisions, a loan agreement between husband and wife generally refers to a loan agreement signed between two parties who have a legal marriage relationship. And as long as the agreement meets the conditions of the subject's eligibility, does not violate the law, and the expression of intent is true, it will have legal effect.

[Legal basis].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 deemed that the two parties have agreed to dispose of the joint property of the husband and wife, and it may be handled in accordance with the provisions of the loan agreement when the husband and wife are divorced.

Article 140 of the Civil Code of the People's Republic of China.

A civil juristic act that meets the following conditions is 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.

Article 144.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

After the divorce, you can write an IOU. The IOU should clearly state who borrowed and when and how much, etc., and such an IOU is valid, but it must be careful not to conflict with the actual borrowing process, otherwise it is easy to become an opportunity for the debtor to repay the debt.

1. What should be paid attention to in the arrears agreement.

The following matters should be noted in arrears agreements:

1. Clarify the basic information of the debtor;

2. Write down the reason for the loan, and the purpose of the loan must be indicated on the IOU;

3. The loan contract shall stipulate that the place of performance of the contract shall be the permanent residence of the creditor;

4. Duan Qi must indicate the actual payment method and payment of funds;

4. It is best to have the borrower handwrite the entire content of the IOU.

2. Who is the best person to write the IOU.

The IOU is best written by the borrower, but pay attention to the writing specifications. The date of the loan, must be written clearly, it is best to be accurate to the date, the amount of the loan should be capitalized in Arabic numerals and Chinese at the same time, and write the currency, the payment should be made as far as possible by bank transfer, you can specify the other party's receipt and transfer date in the IOU, after the IOU is issued, you should also receive a copy of the borrower's ID card signed by the borrower, if the amount is large, you can ask a lawyer or a third party to witness and sign. 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.

3. How can an IOU have legal effect?

It is better to write the IOU by handwriting of the borrower, but pay attention to the writing specifications. Printouts of IOUs are equally legally valid, but they are easy to forge. The borrower's signature should be fingerprinted at the same time.

The borrower's information must be clearly written with the ID number, and the borrower should be asked to provide the original for verification when writing the IOU. The date of the loan - be sure to write it clearly, preferably to the exact date, and you can agree on the date of repayment in the IOU.

Civil Code of the People's Republic of China

Article 1089:In the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement fails, the people's court shall make a judgment.

Legal Analysis: Effective. An IOU written under the following conditions is a valid IOU:

1.The interest agreement is in accordance with the law. 2.

Both the creditor and the debtor have full capacity for civil conduct. 3.An IOU is a true expression of the intention of both parties.

4.The content of the IOU does not violate the law or the public interest, does not infringe on the legitimate interests of a third party, and does not violate the mandatory provisions of the law.

Legal basis: Article 143 of the "Civil Code of the People's Republic of China" A civil juristic act that meets the following conditions is valid: (1) the actor 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.

Legal analysis: IOUs between husband and wife are still valid after divorce, and the IOUs issued by one party to the other party during the existence of the marital relationship can be returned by the other party at the time of divorce. Marital IOUs are generally accepted as valid evidence by the courts, unless there is evidence to the contrary.

Legal basis: 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 marriage 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.