The IOU written by my husband is signed by both husband and wife. Because it expires in two years, my husband is not here. Can my wife make up the IOU?

Hello, my husband wrote an iou signed by both husband and wife. This iou is the same debt of both husband and wife. Both husband and wife should pay back together. If the husband is away, he can't return, and the wife can make up the iou. Because this belongs to the husband and wife with the same debt, the effect of claiming to the wife is generally the same as that of the husband, but it should be noted that the current statute of limitations is three years. To be on the safe side, the debt can be filled in the presence of both of them, or the husband's confirmation can be obtained through WeChat SMS.

A husband's loan doesn't have to be signed by his wife. If you don't sign, but the money is spent on the same life, it also belongs to the same debt. Husband and wife debt refers to the debt incurred to meet the needs of husband and wife. Husband and wife's debts are mainly based on the needs of husband and wife's family living together, as well as debts arising from the management, use, income and disposal of * * * property. If it belongs to the joint debt of husband and wife, the wife is generally required to repay it. However, the husband and wife agree that the property acquired during the marriage relationship belongs to each other, and if the debt owed by one spouse is known to a third person, it shall be paid off with the property owned by one spouse. If the woman does not admit that the husband and wife are in the same debt, but the creditor can prove through evidence that the man's loan is used for the daily needs of the husband and wife's family or for business activities, she will also think that the woman wants to repay the loan. The debts borrowed by the man but exceeding the needs of marriage are not * * * debts.

legal ground

Article 1065 of the Civil Code

Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. 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.

According to article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(five) other property that should be owned by * * *.

Husband and wife have equal rights to dispose of the same property.