Is an IOU between husband and wife valid in the event of divorce

During the existence of the relationship between husband and wife, without any coercion or deception, if both husband and wife jointly adopt written form (including written agreements such as loans, IOUs, etc.), and part of the property is owned by the other party, it shall be regarded as the personal property of one of the husband and wife. However, debts incurred by one spouse for the daily needs of the family shall be considered joint debts of the husband and wife if the other spouse also recognizes them. One spouse is not required to pay the other the debt owed under the IOU.

Title V of the Civil Code of the People's Republic of China (Law) Marriage and Family.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

Article 1064:Debts incurred by both husband and wife as a result of a joint signature or a joint expression of intent such as a subsequent recognition by one of the husband and wife, andDebts incurred by one of the spouses in his or her own name for the daily needs of the family during the existence of the marital relationship are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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.

The husband and wife are joint property, and there is no question of wanting to have an IOU. Therefore, such an IOU between husband and wife is invalid in the event of divorce. Of course, if it is an agreed divorce, then as long as the other party agrees, it is also okay.

If the IOU is made at the same time as the actual financial income, it is valid at the time of divorce, but the specific division needs to be carried out according to the actual situation.

This kind of thing should be invalid, because the husband and wife are originally jointly owned by the joint property, and there is no mutual IOU, so it is useless to take out this kind of thing in divorce.

An IOU between husband and wife is invalid in the event of divorce. The financial transactions between the husband and wife during the marriage belong to the joint property of the two, and the court does not support the validity of the IOU in the event of divorce!

An IOU between husband and wife, as long as it is not the joint property of both parties and the loan is not for the use of the joint home, should be valid in the event of divorce.

An IOU between husband and wife is valid if it is written in the agreement at the time of divorce, and it is invalid if it is not written.

This cannot be generalized, if the use of funds is for the common consumption of the family, you do not need to pay back, if it is only for your own consumption, then the IOU may need to be repaid.

Unless otherwise specified, it is generally possible to request it within two years of the return period.

This cannot be generalized, if one party borrows money for personal consumption, it is natural to repay the money, but if it is for both parties' consumption, it may not be repaid, and the IOU is invalid.

It should be valid, and it is okay for the two to negotiate a divorce, as long as you have no opinion.

An IOU between husband and wife is of course valid in the event of divorce.

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.

An IOU made during marriage has legal effect after divorce, and it has legal effect even if there is no divorce. The law stipulates that husband and wife may enter into a loan agreement to 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, and such an act of disposing of the joint property of the husband and wife can be handled in accordance with the loan agreement when divorced, so the IOU is valid, and the creditor may file a lawsuit with the people's court to demand the other party to repay the money with the IOU.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (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 agreement between the two parties 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 divorce and marriage.

After the divorce, the law will recognize the legal effect of the IOU made by the husband and wife during the marriage, and the law stipulates that the husband and wife may enter into a loan agreement to 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.

Article 82 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

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 it may be handled in accordance with the provisions of the loan agreement when the husband and wife are divorced.

Legal analysis: According to the law, the creditor's rights and debts between citizens arising from civil acts are protected by law. When one party writes an IOU to the other party, a debt relationship is formed against the other party, and when it fails to perform the debt on time, the other party can file a lawsuit with the court based on the IOU.

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 by 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, in accordance with the requirements of the lender Paichun Tuan, provide the true information about the business activities and financial status related to the loan.