Is an IOU made during the marriage of a husband and wife legally valid?

In China, under normal circumstances, husband and wife share property during the existence of the marital relationship, and at the same time, the law also allows the agreement that the property acquired by the husband and wife during the existence of the marital relationship shall be owned by each other. Determine whether an IOU written during the marriage between the husband and wife is valid? It should be determined separately according to the two circumstances.

In the case of joint marital property, the husband and wife have joint rights to the joint property. The money lent in the IOU is jointly owned by the husband and wife, and the borrower's creditor's rights are also jointly enjoyed by the husband and wife, in fact, the rights and obligations belong to the same subject of civil rights, which is equivalent to a person taking out money from his left pocket and putting it into his right pocket, so the effect of this kind of IOU is not recognized by law. In the case of joint property, it is more complicated if the spouse states in the IOU that "one party lends to the other party all the property he or she owned before the marriage".

In my opinion, this kind of IOU should have legal effect, because the creditor of this kind of IOU is one of the husband and wife, and the debtor is the husband and wife community, and they are different subjects of rights. It is close to one of the partners lending his or her personal property to the partnership for use. In the case where the husband and wife agree that the property belongs to each other, the rights of the husband and wife to their respective property are independent of each other and are different subjects of rights, so the effect of the IOU written between the two parties and the IOU signed between two ordinary people is the same and has legal effect.

Yes. The creditor's rights and debts during the duration of the marital relationship between the husband and wife are jointly enjoyed and bore.

Legal analysis: The agreement between the husband and wife on the IOU is valid, although it occurs during the existence of the husband and wife relationship, but the nature of the IOU belongs to the contract in civil law, which is the result of the autonomy of the parties to the friendship model of the parties. An IOU is valid if it meets the following conditions:

1) The agreement must be a true expression of the intention of both parties; (2) The content of the agreement must comply with the provisions of laws and administrative regulations; (3) The agreement shall abide by social morality, not disturb the social and economic order, and not harm the positive interests of the social community;

4) Do not violate the provisions of laws and regulations.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may stipulate that property acquired by chance during the existence of the marital relationship and property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

An IOU written by one of the parties during the marriage has legal effect as long as it meets the requirements for the contract to be effective. Because an IOU can also be a form of contract, as long as it meets the requirements for the contract to be effective, and there is no statutory cause for invalidity, it will have legal effect. The reasons for the statutory destruction of the mountain are:

Violation of mandatory provisions of laws and administrative regulations, malicious collusion between the actor and the counterpart, harming the lawful rights and interests of others, etc.

[Legal basis].Article 144 of the Civil Code.

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

Article 146.

Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that violate the good customs of public blindness and laughter are invalid.

Article 154.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Although the agreement between the husband and wife on the arrears is valid, although it occurred during the existence of the relationship between the husband and wife, the nature of the IOU belongs to the contract under civil law, and it is the pure fruit of the autonomy of the parties, so the divorce should be handled in accordance with the agreement. 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.