Do IOUs for divorce count? What should I do if I don t pay it back when it s time to pay it back?

1. When you have no one to rely on, no matter how hard, tired, or painful, you must tell yourself not to give up and to be strong.

2. Even if people all over the world don't understand you, at least you still understand yourself.

3. Fantasy can never become reality, so you must always remind yourself to stay sober and calm. Move forward for your goals.

Fifth, it is destined that you are not beautiful, don't pursue it, you must know how to appreciate the other side of yourself that is not beautiful. Sky. How good it was for my mom to make me handsome.

Sixth, a sleep to relieve a thousand sorrows, even if you can't solve it, you can let yourself forget for a short time and win a moment of peace.

7. Be brave and love for yourself, and don't give yourself a lifetime of regrets.

8. Self-confidence and optimism are often more valuable than beautiful faces.

9. Learn to cherish yourself and protect yourself.

10. How helpless is life or insist on living With a disturbed mood, look at the troubled life and take the sad road. Look at other people's stories with your own heart....

Learn to be strong, learn to be independent! Learn to laugh at life! Learn to look down on the world....

For yourself! For the sake of the family! I'm going to work hard! No matter the road ahead: how hard it is! How hard to walk! I must go on with all my might! Towards the money!!

It doesn't matter, both husband and wife are obligated to repay this debt.

If you want it directly, you can sue if you can't, but you have to get evidence that he admits to taking your money.

[Legal Analysis].

Creditor's rights and debts arising from civil acts between citizens 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. However, if the debts are formed by the division of property arising from the divorce relationship, and the agreement is privately made, then the agreement arises from the relationship between the husband and wife and is separated from the divorce relationship between the husband and wife, and if it is not stated in the divorce mediation agreement, when one party fails to fulfill the payment commitment, it will be difficult for the other party to realize its rights, and in the end, the parties may re-engage in the property litigation after the divorce.

If the husband and wife reach a consensus on the division of property, they should specifically write down the property division in the effective divorce legal documents (such as in the divorce agreement of the Civil Affairs Bureau or the effective mediation document of the court), and when one party fails to perform its obligations, the other party can get legal help and support, and finally realize his or her own divorce property interests.

[Legal basis].

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.

Where, after the people's court has ruled that divorce is not allowed, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If you owe money after a divorce and don't pay it back, the creditor can settle it in the following ways:

1. Negotiation method: If the debtor owes money and does not repay it, it can negotiate installment repayment after the expiration of the agreed repayment period.

2. Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.

If the court orders the other party to repay the money, but the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of the expiration of the performance period of the court judgment.

3. Payment order: The creditor can also directly apply to the court for a payment order to claim the arrears.

Legal basis] Article 214 of the Civil Procedure Law, if a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor.

The application shall clearly state the amount of money requested or whether there is any indiscriminate price** and the facts and evidence on which it is based.

Legal analysis: If it is a joint debt of the husband and wife, the husband and wife need to repay it jointly, and if it is a personal debt, the parties need to repay it. 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.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China The debts borne by the husband and wife jointly signed or confirmed by one of the husband and wife after the fact, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the duration 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 marriage period 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.

If the divorce is not paid due to non-performance of the agreement, if the divorce is by agreement and one party does not perform the agreement, the other party may file a lawsuit in the court where the man's household registration is located with the divorce agreement, ID card, household registration book and divorce certificate, requiring the man to perform the divorce cancellation agreement and protect the woman's rights and interests.

Article 8 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of divorce shall be legally binding on both the man and the woman. Where a lawsuit arises between the parties arising from a dispute arising from the performance of the above-mentioned property division agreement, the people's court shall accept it. ”

Summary. After the divorce, if the repayment date specified in the IOU is not reached, the money must still be repaid according to the IOU date. If the repayment date is not specified in the IOU, it needs to be negotiated and agreed upon by both parties.

It is recommended that both parties try to reach a repayment agreement through negotiation after divorce to avoid disputes. If it is not possible to negotiate, it can be resolved through legal means.

After the divorce, if the repayment date specified in the IOU does not expire, the payment must still be made according to the IOU date. If the IOU does not specify a repayment date, the two parties need to negotiate and reach an agreement. It is recommended that both parties try to reach a repayment agreement through negotiation after divorce to avoid disputes.

If it is not possible to negotiate, it can be resolved through legal means.

Excuse me, but please go into more detail?

After the divorce, if the parties have signed an IOU during the marriage and agreed on a repayment date, they still need to repay the loan in accordance with the agreement of arrears after the divorce. If the payment is overdue, the disappearance of the marriage relationship does not affect the repayment of the arrears. If the repayment date is not specified in the IOU, it needs to be negotiated and agreed upon by both parties.

After a divorce, the parties' respective financial situation may change, and the repayment method and amount need to be renegotiated. It is recommended to wait for an agreement on divorce expenses, real estate division, etc., and then negotiate on the issue of arrears, so as to avoid interference with the division of divorce property. If no agreement can be reached during the negotiation process, a legal solution can be sought.

The debtor can be sued by the court for imitation and required to repay the loan in accordance with the agreement of the debt. If necessary, it can also apply for enforcement to compel the debtor to fulfill the repayment obligation. In short, the problem of arrears after divorce needs to be handled carefully by both parties, try to reach an agreement through negotiation, and if necessary, can also be resolved through legal means to protect their own rights and interests.

Rules for the repayment of joint debts of husband and wife: 1. If a creditor claims rights to the debts incurred by one of the husband and wife 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, unless 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 prescribed circumstances.

2. Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it. 3. Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal and criminal activities such as gambling or drug abuse, the people's court will not support it.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China 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.