First, according to the law, since the IOU is false, it is fundamentally invalid.

1, the loan relationship, the court should first find out the authenticity of the loan relationship, since it is false, of course it is invalid.

2. Article11of the latest Civil Procedure Law of China stipulates:

If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;

Two, from the perspective of judicial practice, your IOU is valid in principle, and the responsibility for proving invalid lies with the other party.

1. Is the iou in marriage valid after divorce?

Now this is a very common legal problem, and many divorced parties often have disputes over it. In view of the stipulation in the new marriage law that "the nature of personal property will not change during the existence of the relationship between husband and wife", unless there is evidence to the contrary, the IOUs in marriage will generally be accepted by the court as valid evidence. The party issuing the iou bears the burden of proof for the existence of the opposite situation, and will bear adverse legal consequences if the evidence is not established.

Especially in the case of divorce by agreement, borrowers often win the case!

Because the other party often argues that the divorce agreement was written under duress. In fact, it is impossible for the other party to provide sufficient evidence to prove it; In addition, divorce registration requires both husband and wife to go to the divorce registration office in person. The other party is free, and it is difficult to prove that the voluntary divorce agreement was reached under duress. Therefore, the court will not adopt the other side's point of view. So, if you have an iou, you can usually win the case.

2, the legal basis of the marriage law:

According to Article 16 of the Interpretation of Some Issues in the Marriage Law (III): "If a husband and wife conclude a loan agreement and lend the joint property of the husband and wife to one party for personal business activities or other personal affairs, it is regarded as an act that both parties agree to dispose of the joint property of the husband and wife, and divorce can be handled in accordance with the loan agreement."

This clause clearly stipulates that the loan between husband and wife during the marriage is regarded as a property agreement, and both parties can perform it according to the agreement when they divorce. The promissory note belongs to the disposition of husband and wife's property, which means that it is true, legal and effective. The IOU is an important evidence to confirm the establishment of the loan relationship between the two parties, and the IOU issued by either spouse in the marriage relationship is also protected by law.

The current marriage law stipulates the "agreed marital property system", and the relevant property and debts can be agreed by both husband and wife themselves. The loan between husband and wife during the marriage relationship is considered as a property agreement, so the promissory note is an agreement that part of the property obtained during the marriage relationship belongs to each other, which is a legal and effective legal act and forms a clear creditor-debtor relationship.

To sum up:

1, the loan is real and of course effective;

2. The IOUs are fake and of course invalid. But the responsibility of this proof is not you, but the other party. If the other party can't prove it, it's true, even if it's false.

3. After all, it is false, and there is a risk of legal sanctions.