Is an IOU made by one of the spouses valid, and what is the validity of the IOU made by the husband

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.

I have run out of money lately, can I borrow some money with my wife?

Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

Paragraph 3 of Article 19 of the Marriage Law stipulates that if a 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, they shall be paid off with the property owned by the husband or the wife.

According to the above provisions, if you lend money to him without agreeing that it is a personal debt, you can sue him and his spouse as co-defendants.

Personally, I believe that if it is a debt during the marriage, the husband and wife can be sued as co-defendants.

According to the relevant judicial interpretation of the Supreme Court, the wife is obliged to pay off this debt.

It is recommended that you sue the husband and wife as co-defendants and ask them to repay them to help you defend your rights!

The husband and wife can be co-defendants, which is a joint debt of the husband and wife.

You could list both of them as co-defendants; You need to find out if the mortgage on the house has been registered, and if not, the property preservation has not been done as soon as possible.

Legal analysis: As long as the IOU does not violate the mandatory provisions of laws and regulations in terms of content and form, the IOU between husband and wife has legal effect. China's law does not prohibit natural persons who are husband and wife from being the subject of a loan or a late contract, and an IOU is a form of loan contract, so a creditor's right and debt relationship can be formed between husband and wife.

Legal basis: Article 667 of the Civil Code of the People's Republic of China 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.

The marital IOU of the husband and wife has legal effect, and during the existence of the marriage of the husband and wife, the marital IOU of the husband and wife shall be regarded as an agreement on the joint property of the husband and wife, which shall comply with the provisions of the law and have legal effect. If the husband and wife themselves have agreed on separate ownership of marital property, or if the husband and wife have personal pre-marital property, one of them borrows money from the other party; If the money lent is the personal property of one party and an IOU is issued, then the IOU is valid with reference to the IOU lent by ordinary natural persons. The other party needs to follow up on the specific situation to return it.

An IOU in marriage is an IOU written by a husband and wife to each other during the existence of the marital relationship, which is the creditor's rights and debts between the husband and wife.

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 appointment should be in writing, although the law provides that the property after marriage is joint between the husband and wife.

2. How to collect debts without IOUs?

If you don't have an IOU, don't worry, you can make a repayment plan or sign a repayment agreement with the other party first. If the other party is unwilling to cooperate and needs to sue the court to collect debts, it is necessary to provide evidence to prove the loan relationship, such as transfer vouchers, witnesses, audio recording evidence, etc.

1) Strive to enter into a repayment plan or a repayment agreement with the other party.

1.Identification information of both the borrower and the borrower;

2.The content of the repayment, such as the repayment amount, repayment term, and interest rate;

3.For the borrower to provide a guarantee, or for a third party to act as a guarantor, a clause is required;

4.obligations of the parties;

5.liability for breach of contract;

6.Signatures and dates of both parties.

2) There is no IOU to go to court to file a lawsuit.

1.Find witnesses to prove that there is a loan relationship.

2.Units and individuals who understand the situation are requested to issue written corroboration materials or testify in court as witnesses, and the witnesses must have no interest in both parties.

3.The audio recording proves the fact of the loan.

4.Electronic data such as borrowing chat records and Alipay transfer records retained.

5.Keep your bank transfer voucher.

All relevant objective materials that can prove the facts of the case can be counted as evidence, such as documentary evidence, physical evidence, film and television evidence, electronic evidence, witness testimony, etc.

c) Reminders. When borrowing money, the borrower should be required to issue a written loan voucher in a timely manner, indicating "the lender, the borrower, the time of borrowing, the amount of borrowing, the purpose of borrowing, the method of payment, the interest agreement, the time of repayment" and other relevant contents, and try to pay through bank transfer, remittance, etc., indicate the purpose of the money, and properly keep the transfer and remittance vouchers, so as to better protect their legitimate rights and interests.

IOUs written between husband and wife are generally valid. The law clearly stipulates the loan relationship between husband and wife, that is, if the 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, the borrower at the time of divorce may give half of the actual loan amount to the other party in accordance with the agreement. Therefore, this type of loan relationship is also a valid loan relationship and should be returned at the time of divorce.

In order to determine the time limit for litigation of an IOU, it is first necessary to determine whether there is a repayment time in the IOU, and if there is a clear repayment time in the IOU, the statute of limitations is three years from the date of expiration of the repayment period; If there is no time for repayment in the IOU, the statute of limitations for the IOU is 20 years.

1. Is the IOU valid for a long time if the repayment period is not written?

If I do not claim it all the time, protection is 20 years from the day when I write an IOU. The validity period of an IOU refers to the statute of limitations of the IOU, and the statute of limitations of the IOU does not affect the validity of the IOU itself. As long as it is legally signed, a genuine and valid IOU, no matter how long it is, the IOU itself is valid.

Time is only a matter of ensuring whether the statute of limitations has expired and whether it will be protected by the law. As for the statute of limitations for IOUs, the same as the statute of limitations for private loans, depends on whether the repayment time is agreed, and if the repayment date is specified, then the statute of limitations will be calculated for two years from the day after the repayment date. If there is no time for restitution, the maximum statute of limitations is 20 years.

If the statute of limitations for an IOU has expired:

1. When the statute of limitations has expired, try to consider promoting the repayment agreement reached by the parties on the original IOU and IOU through friendly negotiation. If the parties reach a repayment agreement on the original debt, the repayment agreement is a new creditor's right and debt relationship, and the repayment agreement shall be protected by law.

2. If the statute of limitations has expired and the parties are unable to negotiate, the creditor may consider issuing a notice to the other party to collect the payment on time. If the debtor signs or seals the notice, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law.

2. The validity period of private IOUs.

The validity period of the IOU refers to the statute of limitations for the IOU to be carried out, and the statute of limitations for the IOU does not affect the validity of the IOU itself. As long as it is legally signed, a genuine and valid IOU, no matter how long it is, the IOU itself is valid. Time is only a matter of ensuring whether the statute of limitations has expired and whether it will be protected by the law.

As for the statute of limitations for IOUs, the statute of limitations for private loans depends on whether the repayment time is agreed, and if the repayment date is specified, then the statute of limitations is calculated for three years from the day after the repayment date. If there is no time for restitution, the maximum statute of limitations is 20 years.

An IOU in the marital is legally binding. During the marriage of the husband and wife, the IOU of the husband and wife during the marriage shall be regarded as an agreement on the joint property of the husband and wife, which shall comply with the provisions of the law and have legal effect.

If the husband and wife have agreed on the separate ownership of marital property, or the husband and wife have personal pre-marital property, one of them borrows money from the other party; If the money lent is the personal property of one party and an IOU is issued, then the IOU is valid with reference to the IOU lent by ordinary natural persons.

Legal basis] Article 1065 of the Civil Code, a man and a woman may agree that the wild file property and the pre-marital property acquired during the existence of the marital relationship shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing for the excavation. 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.