Under Japan's separate property system (Civil Code Art. 762), spouses are not liable for each other's personal debts. The exception is "daily household affairs" (Art. 761): debts for groceries, rent, utilities, education, and medical expenses create joint liability. Debts for real estate, business loans, investments, or gambling are excluded. Joint guarantor obligations (Art. 446) survive divorce. Negative assets are generally excluded from property division (Art. 768) though jointly-incurred debts like mortgages are considered.
Are You Liable for Your Spouse's Debt in Japan?
Key Takeaways
- ✓In principle, there is no obligation to repay a spouse's personal debts
- ✓Daily household debts may create joint liability between spouses
- ✓No repayment obligation arises without being a joint guarantor
- ✓Debt handling should be clearly agreed upon during divorce proceedings
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