Is an IOU between husband and wife legally valid?

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.

If signed, it can be used as evidence. If there is a legal effect, it should be impartial.

An IOU is a loan agreement signed between husband and wife and is legally valid.

According to Article 82 of the Judicial Interpretation of the Marriage and Family Section of the Civil Code, if 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 disposition of the joint property of the husband and wife by both parties, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.

Is it valid for a husband and wife to make a joke or as a guarantee and make an IOU? As long as it can be proved that the actual borrower borrowed the money for his own personal business or other personal affairs and did not use it for the joint life of the husband and wife, and the actual flow of funds occurred, the IOU is valid.

Legal Analysis: An IOU signed between husband and wife is valid.

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

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. Pin rough rule.

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, the currency return, the purpose, the amount, the interest rate, the term and the repayment method.

Article 669 When entering into a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

The IOU between husband and wife has legal effect, but the following legal conditions need to be met: (1) both husband and wife shall have the corresponding civil capacity as actors; (2) The intent of both husband and wife is genuine; (3) 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.

Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate or dismantle public order and good customs.

It has no legal effect and only takes effect within the scope of the joint agreement of the husband and wife.

If the IOU is property, because the law of our country regards the property of the husband and wife as joint property, the IOU between them loses its practical significance in law.

The mutual debt relationship between husband and wife in the form of IOUs due to internal reasons within the family can only be contracted between husband and wife, and is only useful to husband and wife who have the spirit of contract.

The law of the People's Republic of China does not prohibit a natural person who is a husband and wife from being the subject of a loan contract, and an IOU is a form of a loan contract, so a creditor's rights and debts relationship can be formed between husband and wife. The Civil Code (in force) also clearly stipulates that husband and wife may implement the system of separation of property and own personal property during the existence of the marital relationship, which provides a premise for the establishment and effectiveness of the marital loan contract. The key to determining whether the marital property cover loan relationship is established depends on whether the IOU written by the husband and wife is regarded as an agreement on the disposition of the joint property of the husband and wife.

Therefore, whether an IOU is valid or not cannot only be based on an "IOU", but also a number of factors.

Article 1065 of the Civil Code [Property System for Husband and Wife] A man and a woman may agree that the property and property acquired during the existence of the marital 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 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.

Please click to enter a description (up to 18 words).

Legal Analysis: IOUs written between husband and wife have legal effect.

The agreement is also a form of expression of the contract in essence, and as long as the content complies with the provisions of the law and the parties have the corresponding civil capacity, the agreement has legal effect. If the two parties sign a supplementary agreement after signing the contract, the supplementary agreement shall be regarded as a modification and supplement to the contract, and the agreement shall be valid.

1. The name and ID number of the borrower and lender;

2. The amount of the loan, the date of the loan, the term of the loan, the date of repayment, the interest, etc.;

3. The borrower signs and presses his fingerprint.

The purpose of entering into an agreement is to better fix the responsibilities assumed by the agreement between the two parties from the institutional and even legal perspectives. As a binding evidentiary document that can clarify each other's rights and obligations, the agreement has a binding effect on both parties (or parties), and can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract.

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

Article 1089:In the event of 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 is not reached, the people's court shall make a judgment.

Article 1090:In the event of a divorce, if one party learns that he or she is having difficulties in making ends meet, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.