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The husband overdrafted his credit card without his wife’s knowledge and is now dead. What should I do?

Resolved as appropriate.

According to the "Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2)":

Article 23 Creditors shall pay for the personal debts borne by one party before marriage The people's court will not support claims against the debtor's spouse. However, this is excepted if the creditor can prove that the debt is used for family life after marriage.

Article 24 If a creditor claims rights regarding debts borne by one spouse in his or her own name during the marriage, they shall be treated as joint debts 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.

Article 25: If the parties’ divorce agreement or the people’s court’s judgment, ruling, or mediation document has dealt with the issue of division of marital property, the creditor still has the right to file a claim for the husband and wife’s debts. Both parties assert their rights.

After one party assumes joint and several liability for repaying the same debt, if one party claims compensation from the other party based on the divorce agreement or the legal document of the People's Court, the People's Court shall support it.

Article 26 If a husband or wife dies, the surviving party shall bear joint and several liability for the debts incurred during the marriage.

Extended information:

According to the "Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2)":

Article 5 Within one year after the death of one or both spouses, if the surviving party or an interested party applies for declaring the marriage invalid in accordance with the provisions of Article 10 of the Marriage Law, the People's Court shall accept the application.

Article 6: If an interested party applies to the People's Court to declare a marriage invalid in accordance with the provisions of Article 10 of the Marriage Law, the interested party shall be the applicant, and the parties to the marriage shall be the respondent.

If one spouse dies, the surviving spouse shall be the respondent.

If both spouses are deceased, the respondent will not be included.

Article 7: If the people's court accepts cases of divorce and application for annulment of marriage respectively regarding the same marriage relationship, the hearing of the divorce case shall be conducted after the judgment of the application for annulment of marriage is made.

After the marriage relationship referred to in the previous paragraph is declared invalid, if it involves property division and child support, the trial shall continue

Article 8 The terms of the divorce agreement regarding property division or the parties An agreement on the division of property resulting from a divorce is legally binding on both men and women.

If a party files a lawsuit due to a dispute arising from the performance of the above-mentioned property division agreement, the People's Court shall accept it.

Article 9 If a man and a woman regret the issue of property division within one year after they agree to divorce, and request to change or cancel the property division agreement, the people's court shall accept the case.

If after trial, the People's Court does not find that there was fraud, coercion or other circumstances when entering into the property division agreement, it shall reject the litigation claims of the parties in accordance with the law.

Article 10 If a party requests the return of the betrothal gift paid in accordance with customs, if it is found that it falls into the following circumstances, the people's court shall support it:

(1) The parties have not completed the marriage registration procedures ;

(2) The two parties have gone through the marriage registration procedures but have not lived together;

(3) The payment was made before marriage and caused difficulties in the life of the payer.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

Baidu Encyclopedia-Explanation on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China"