What is spousal right of residence?

What the Law Says

Japan introduced the spousal right of residence (配偶者居住権) as part of major inheritance law reforms to protect surviving spouses, especially those who lack ownership of the marital home but have lived there long-term.

The spousal right of residence is a statutory, non-possessory real right that allows a surviving spouse to reside in a dwelling owned by the deceased spouse’s estate — without paying rent — for their lifetime.

It applies automatically upon inheritance unless waived in writing before or after death, and cannot be transferred, leased, or inherited by others.

The right arises only in relation to a dwelling registered as the couple’s principal residence at the time of death, and only if the surviving spouse was residing there with the deceased.

Statutory Text

A spouse who has been residing in a dwelling owned by the deceased may acquire the right to reside in such dwelling for life, provided that the spouse does not own the dwelling and was residing there at the time of the deceased’s death.

— Civil Code, Art. 1030 — Right of Residence of Surviving Spouse

Statutory Text

The right of residence under the preceding Article may not be transferred or leased, nor may it be subject to attachment or compulsory execution.

— Civil Code, Art. 1031 — Restrictions on Disposition

What to Do

Sources