1, it is also possible to write IOUs between husband and wife. At this point, the writing of IOUs is generally the same as that of ordinary IOUs.

2. If the IOU is valid, you need to pay attention to the following matters:

(1) It is better for borrowers to write IOUs by hand, but pay attention to the writing standards. Printed IOUs have the same legal effect, but they are easy to forge. The borrower's signature should also be thumbprinted. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan.

(2) the date of borrowing-be sure to write clearly, and it is best to be accurate to the day. The repayment date can be agreed on the loan slip. If there is no agreed repayment date, the borrower can claim repayment at any time. If the repayment date is agreed, the request can only be made when the repayment date expires. If the repayment date is not returned, the lender shall file a lawsuit within three years, and may lose the right to win the case after the deadline.

(3) The loan amount should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written, such as "RMB 100000.00 Yuan only (RMB one hundred thousand Yuan only)" to prevent the holder of the IOU from tampering.

(4) Payment shall be made by bank transfer as far as possible, and the account number and transfer date of the other party may be indicated in the debit note. When handling the transfer, you can indicate the purpose of the loan. If the amount is small, it should be indicated on the IOU that both parties' loans are paid in cash. Either way, the borrower needs to write a receipt for the money received separately. The IOU can only prove that there is a loan contract relationship between the two parties, which is not enough to prove that the borrower has fulfilled the obligation to repay the money.

(5) If the borrower is married, it is better to obtain the signature of the spouse, which is more secure for the creditors and prevents one party from refusing to undertake the repayment obligation on the grounds of ignorance or court enforcement, and one party transfers the property to the spouse, resulting in inability to repay.

(6) After the IOU is issued, a copy of the borrower's autographed ID card and a copy of the marriage certificate shall be received at the same time.

(7) If the amount is large, you can ask a lawyer or a third party to witness the signature.

Second, the content of the IOU

The basic contents of IOUs include: creditor's name, loan amount (local and foreign currency), interest calculation, repayment time, liquidated damages (deferred repayment), dispute resolution method, debtor's name, loan date and other elements. As long as you have the creditor's name, loan amount, debtor's name and loan date (although it was added later), it meets the main requirements of the loan, so it has legal effect. Once a dispute arises, it can be used as evidence to claim creditor's rights to the people's court, and the people's court will accept it.

For those citizens who do not meet the conditions of bank loans, but encounter a shortage of funds, they can choose to make loan requests to individuals or units with financial ability. After this request is accepted, the borrower may need to write an IOU according to the situation.

Third, does the IOU between husband and wife have legal effect?

As long as the agreement between the parties does not violate the mandatory provisions of laws and regulations and public order and good customs such as morality and ethics, it can be regarded as valid. Whether the IOU within marriage is valid is as follows:

(1) If there is only one IOU but there is no actual borrowing fact, then the borrowing behavior is not established, and the creditor's claim will not be supported by the court.

(2) If the money involved in the loan between husband and wife comes from the family property and is used for the family's living expenses, then the so-called "loan relationship between husband and wife" no longer exists.

(3) If the loan is used for the personal affairs of the borrower, an effective creditor-debtor relationship will be formed between husband and wife. According to the provisions of China's Civil Code, husband and wife can agree that the property acquired during the marriage relationship and the property before marriage belong to each other. Then, this kind of marital loan is the expression of the true meaning of both parties during the marriage relationship, and it is also an agreement on property, which should be protected by law. Generally speaking, unless there is evidence to the contrary, the IOU in marriage will be accepted as valid evidence by the court. 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.

4. Is the IOU between husband and wife valid during the divorce?

An IOU is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. The loan agreement concluded between husband and wife has legal effect at the time of divorce and may require the other party to return it. The Civil Code stipulates that a loan agreement is concluded between husband and wife, and the husband and wife can lend their property to one party for personal business activities or other personal affairs; It should be regarded as an act that both parties agree to dispose of the joint property of husband and wife, and divorce can be handled in accordance with the loan agreement.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 465

Contracts established according to law are protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, wholly or partly, and partly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.

The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.

The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.