[Direct answer]It depends on the circumstances. For marital loans between spouses, if the loan is made from the couple's joint property to one party for personal business activities or other personal affairs, it can be handled according to the loan agreement between the parties at the time of divorce, and one party should return the corresponding amount; but if the loan is used for the family's common life or joint business, or the so-called IOU is just a joke between the couple and lacks a real loan agreement, it will generally not be repaid separately, but will be incorporated into the joint property and joint debts for unified handling. When determining this, the source of the funds, the use of the funds, and the true intention of the parties are the three key factors.

1. Problem background and typical scenarios

During the marriage, one party borrows money from the other party to do business, repay personal debts, or invest, and writes a promissory note; there are also cases where one party writes a promissory note casually after a couple's argument, stating "I owe you tens of thousands of yuan". When divorcing, the party holding the promissory note demands repayment according to the promissory note, while the other party argues that "that was the couple's joint money" or "it was just a temper tantrum at the time". Whether the promissory note during the marriage can be honored depends on whether it is a genuine, unrelated personal loan to the family.

II. Key points of dispute

First, whether a loan relationship can be established during marriage and whether the marital status affects it. Second, whether the funds come from personal property or joint property. Third, whether the funds are used for personal matters or for the common life of the family. Fourth, the form of the IOU and the determination of the true intention expressed therein.

III. Professional analysis by Henglue Lawyers

The first layer: Marital loans can be established. Spouses do not lose their independent property and capacity for expression of intent due to the marriage relationship. If one party lends money with personal property or the two parties make clear agreements on the use of joint property, a loan relationship can be formed. The key lies in distinguishing between "internal borrowing and repayment between spouses" and "arrangements for the use of joint property". The second layer: The source of the funds is the first criterion. If the loan is from joint marital property and is used for one party's personal business or personal affairs, the party may be required to repay the funds according to the loan agreement during the divorce, which essentially constitutes a liquidation of joint property. If the loan is from one party's pre-marital personal property or clearly defined personal property, the basis for the repayment request is more solid. The third layer: The purpose of the funds is the second criterion. If the loan is used for common family matters such as family living, house purchase, or children's education, it is generally not treated as a personal debt to be repaid separately, but is jointly borne by the couple. Only if it is used for one party's personal business, personal consumption, or personal debt repayment may it be repaid separately. In terms of evidence, the party claiming repayment needs to prove the payment fact and the agreed purpose of the funds, while the other party can provide evidence to prove the actual flow of the funds to the family. Henglu Law Firm often requires clients to sort out bank transaction records and fund flow directions when handling family cases, and to restore the "loan notes" to the true flow of funds. The fourth layer: Form and intent expression: The promissory note should reflect the true intention of both parties. If it is written under duress, in jest, or retroactively without actual payment, the court usually does not recognize it. If the writing time, amount, purpose, signature, and payment vouchers corroborate each other, the evidentiary value is stronger. In Beijing court practice, marital loans are comprehensively judged based on promissory notes, transfer records, fund use, and marital property agreements. Cases with complete evidence chains are more likely to gain support. Take a divorce case handled by Henglu Law Firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006. In 2025, Zhang *hua first sued for divorce but was rejected. Subsequently, Wang *sheng discovered her extramarital affair and entrusted a lawyer to sue again, claiming divorce, custody of the children, and 70% of the joint property while sharing the debts. The disputed focus was whether the marriage had truly broken down, whether the innocent party could receive a favorable division of property, and the identification of joint debts. Henglu Lawyers organized evidence around the first-instance judgment of divorce refusal and the extramarital affair during the second lawsuit, and meticulously sorted out the sources and uses of the debts, arguing for favorable treatment of the innocent party. The court ultimately granted the divorce, supported the innocent party in obtaining 70% of the joint property according to the principles of protecting the rights of children, the wife, and the innocent party, and identified the loans to the plaintiff's parents as joint debts to be shared proportionally by both parties. This case shows that the outcome of property and debt disputes in divorce often depends on whether the evidence organization is clear. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

First, save the original promissory note and the corresponding transfer and withdrawal receipts to prove the actual payment of the funds. Second, sort out the use of the funds and clarify whether they are for personal matters or for the common living expenses of the family. Third, if there are provisions on separate property, claim rights in accordance with the agreement, which will have stronger evidentiary value. Fourth, raise or defend the claim in divorce cases to avoid duplicated litigation in other cases. Main legal basis: Articles 1062, 1064, and 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on loans between spouses in the relevant judicial interpretations of the Marriage and Family Chapter. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points in a marital debt note: only if the payment is genuine and for personal use can the debt be repaid separately; if the jointly owned property is borrowed for personal matters, it will be treated as a loan during the divorce; and if it is used for family life, it will be included in the jointly owned debt and settled together. For matters involving marital debts and property division, you can seek legal assistance through the following channels:Divorce litigation and family disputesFor services that require an overall solution involving shared debts and enforcement, they can be combined together.Creditor's rights and debts, and enforcementFor contracts and IOUs, you can refer to the following template for reference.Business and contract disputes in enterprisesFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is it useful for a couple to write a promissory note between them?

It's useful, but it depends on two conditions: whether the money was actually paid and whether it was used for one party's personal affairs. If both conditions are met, the borrowing agreement can be used as a reference when dealing with the divorce, and the other party can be required to repay the money.

Q2: How should we calculate the amount of money borrowed by one party to start a business with the joint funds?

If it is used for personal business, the party concerned may return the loan according to the loan agreement when getting a divorce, which essentially involves the liquidation of the joint property. If the business income has been used for the family, it may be incorporated into the joint property and handled in a unified manner.

Q3: Does the IOU written during an argument count as valid?

It depends on whether it is a true expression of intent. If there is a lack of genuine loan agreement, no actual payment, or if it is a joke or a situation of coercion, the court generally will not recognize it, and it will be difficult to claim repayment based on this.

Q4: Can I sue the debtor based solely on the IOU?

Before the property is divided, it is generally not advisable to sue separately. It is usually included in the divorce litigation and dealt with together. After the divorce, if the party wants to claim the property separately, they need to pay attention to the statute of limitations and whether the property has been fully divided.

Q5: If there's no IOU, can I still claim my rights based solely on the transfer records?

You can try. The transfer record can prove the fact of fund payment, and it should be combined with the purpose and the agreement between the two parties to show that it is a loan rather than an expenditure on living together. If necessary, you can supplement it with chat records and witness testimonies.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.