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.
Debt Relief- View allLast updated: 2026-03-13
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
Free Tools for This Area
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
Related Articles
Personal Bankruptcy in Japan: Procedure and Consequences
Guide to personal bankruptcy in Japan: procedures, consequences, and what assets you can keep.
Debt Restructuring in Japan: Voluntary vs. Court-Supervised Rehabilitation
Comparison of voluntary debt restructuring and individual rehabilitation in Japan, including mortgage protection provisions.
Individual Rehabilitation in Japan: Keeping Your Home While Reducing Debt
Guide to individual rehabilitation (kojin saisei) in Japan, allowing debt reduction while keeping your home.
Related Q&A
Related Legal Terms
Find a lawyer through your local bar association
JFBA Legal Consultation Guide →