After the death of the cardholder, the method of handling the unpaid credit card money is as follows:
1. If the cardholder’s consumption with the card occurred during marriage and was used for family life, the credit card should be used for family life. Debts identified as joint property of the husband and wife should be repaid by the joint property of the husband and wife. If the joint property of the husband and wife is insufficient to repay the debt, and the cardholder has no other personal property, the other spouse should still continue to repay it.
2. When the cardholder inherits an inheritance, the debt is generally paid off first, and then the remaining inheritance is distributed. The credit card debt is a debt of the cardholder, so the remaining balance must be paid back before it can be distributed as an inheritance.
3. If the cardholder has neither inheritance nor a spouse, then the credit card debt as a personal debt can only be treated as bad debt.
Article 33 of the "Succession Law of the People's Republic of China" stipulates: When inheriting an estate, the taxes and debts that the deceased should pay according to law shall be paid. The payment of taxes and debts shall be paid by his estate. Actual value limited. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs. If the heir gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law. "
Interpretation of Several Issues in the "Marriage Law of the People's Republic of China" (2) Article 24 stipulates: "If a creditor pays debts in the name of one spouse during the marriage relationship, the creditor shall Debts should be treated as the same as between husband and wife.
1. Supplementary Provisions of the "Interpretation (2) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" Article 24 The creditor shall pay the debts to the spouse during the marriage relationship. If a person claims rights against a debt borne in the name of an individual, it shall be treated as a joint debt between husband and wife. However, this is except where one spouse can prove that the creditor and debtor have clearly agreed that the debt is a personal debt, or can prove that it falls under the circumstances specified in paragraph 3 of Article 19 of the Marriage Law.
If one spouse colludes with a third party to fabricate debts and the third party claims rights, the people's court will not support it.
If a third party claims debts incurred by one spouse while engaging in illegal and criminal activities such as gambling, drug abuse, etc., the people's court will not support it.
2. Article 3 of Chapter 1 of the "Succession Law of the People's Republic of China" means the legal personal property left by a citizen when he dies, including:
(1) Citizens Income;
(2) Citizens’ houses, savings and daily necessities;