Legal analysis: Generally speaking, it is not illegal for a wife to steal her husband's credit card, and it does not fall within the scope of fraud. Credit cards belong to the same property of the couple, and both husband and wife have equal rights to dispose of the same property. However, if it is a malicious overdraft, it will be suspected of credit card fraud. The criteria for filing a case are: the overdraft exceeds the prescribed limit or the prescribed period, and the card-issuing bank fails to return it for more than three months after two effective collections.

Legal basis: Article 1062 of the "People's Republic of China and Civil Code". The following properties acquired by husband and wife during the marriage relationship shall belong to both husband and wife jointly: (1) Wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Property obtained from inheritance or donation, except as provided for in Paragraph 3 of Article 1063 of this Law; ( 5) Other property that should be owned by the owner. Husband and wife have equal rights to dispose of property owned jointly. Article 196 of the "Criminal Law of the People's Republic of China": Whoever commits credit card fraud under any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and 20,000 yuan. A fine of not more than 10,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. to fixed-term imprisonment of not less than 1 year or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, he shall If the issuing bank fails to return the card for more than three months after two effective collections, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Whether the purpose of illegal possession is for illegal possession shall be determined based on the cardholder's credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. judge. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required. Any one of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession: (1) Knowing that one has no ability to repay and overdrafting a large amount of money, which cannot be returned; (2) Using false credit certificates to apply for a credit card and then overdrafting, which cannot be returned; (3) After overdrafting, evading bank collection by means of hiding, changing contact information, etc.; 4) Escape and transfer funds, conceal property, and evade repayment; (5) Use overdraft funds to carry out criminal activities; (6) Other illegal possession of funds and refusal to return them.