It is not illegal. Husband and wife share the same property and can control it. Both husband and wife have equal rights to dispose of the same property. If it is a malicious overdraft, it is suspected of credit card fraud. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

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 be the joint property of the husband and wife and shall belong to the husband and wife. Same as all: (1) wages, bonuses, remuneration for labor services; (2) income from production, operation, and investment; (3) income from intellectual property rights; (4) property inherited or donated, except for Article 1006 of this Law. Except as specified in Paragraph 3 of Article 13; (5) Other property that shall belong to the contract. Husband and wife have equal rights to handle the same property.