Do IOUs between husband and wife count? Under what circumstances do I need to pay back?

An IOU between husband and wife is only valid between husband and wife and cannot be used against a third person.

And during the existence of the marital relationship, the statute of limitations for this IOU ceases to be settled until it begins to be recalculated when the parties divorce.

If both parties grow old together, hehe, then the IOU is useless.

It can be considered that as long as they are still husband and wife, in the civil relationship, it is impossible for both parties to appear in the same court for reasons other than divorce.

That's what it means to be a husband and wife.

Under normal circumstances, as long as the intention of both parties is true and not against a third party, the IOU is valid; The rights and obligations of both parties shall be implemented in accordance with the provisions of the IOU, and the distribution of economic benefits shall also be in accordance with the provisions of the IOU.

Not all property of the family is joint property, only property owned jointly is joint property, for example, property that has been notarized before marriage or there is obvious evidence that it is the property of one of the parties to the marriage is not joint property.

As for the IOU, if it is genuine and valid, it can be effective in divorce proceedings.

The property of the husband and wife is joint property, and "her" is also "his", and "his" is also "her", and each occupies half of it, so the IOU is invalid. No need to pay back. You need to pay back money when you have a special agreement such as a family separation or when you are preparing for a divorce.

The brother settles the account, and this is normal. When your relationship breaks down to the point where you start thinking about each other, it's time to pay it back.

Normal couples should not count

Because the normal divorce divides property, it is all the property of both parties divided equally

Count! It is effective when the meaning is true!

Legal Analysis: Yes. An IOU made by a husband and wife during the marriage is a written agreement and is protected by law.

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in written form. The agreement between the husband and wife on the property acquired during the existence of the marital orange pomace relationship and the property before the marriage shall be binding on both parties.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the 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.

Legal analysis: 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.

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.

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 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

The repayment of the IOU between the husband and wife may be agreed upon by both parties. 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 the two parties agreeing to dispose of the property jointly cultivated by the husband and wife, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.

1. Can a husband and wife sue for borrowing money?

If there is a genuine intention to borrow money between the parties, and it is to be lent to one party to engage in personal business activities or other personal affairs, a lawsuit may be filed after the marriage is over. 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.

2. What should I do if the husband and wife are divorced from the house under mortgage.

Where the parties to the divorce have agreed in advance, it may be handled in accordance with the agreement; However, if there is no agreement between the divorced parties, the husband and wife will purchase and apply for a mortgage loan for the house and real estate in the name of both parties, and the property right of the house will be registered in the name of the individual or both parties, and the husband and wife will repay the mortgage after marriage. If there is no special agreement between the husband and wife on the division of property, the property shall be the joint property of the husband and wife, and the mortgage of the house that has not been paid off by the bank shall be a joint debt. In fact, we cannot refuse to remortgage without the consent of the creditor on the grounds that the debtor is replaced, because the actual borrower during the marriage is the husband and wife, not the nominal owner or borrower on the title deed.

In addition, the judgment of the property rights of either party at the time of divorce does not affect the credit interests of the bank.

3. Whether the IOU made during the marriage is valid for divorce now.

If one of the spouses lends the joint property of the husband and wife to the other party for personal affairs, the IOU shall be valid and shall be dealt with in accordance with the agreement of arrears at the time of divorce.

However, if there is only one IOU but the actual borrowing does not occur, then the borrowing behavior is not true, the IOU is invalid, and the claim of the creditor will not be supported by the court.

Article 82 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) 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 Analysis: The repayment of IOUs between husband and wife can be agreed upon by both parties. 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 agreement between the two parties to dispose of the joint property of the husband and wife, and in the event of divorce, Chong Zhuhui may handle it in accordance with the provisions of the loan agreement.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 82 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 disposing 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 upon divorce.