Unanimous consent needed to sell co-owned property?

100% consent
Required for sale
Civil Code
Governing law
s. 252
Relevant section
Joint ownership
Legal regime
The Short Answer

Yes, unanimous consent is required to sell co-owned real property in Japan unless otherwise agreed in writing.

What the Law Says

Japanese law treats co-owned real property as jointly owned unless a different arrangement is established by agreement. The Civil Code sets strict rules for disposition of such property.

Under Japanese law, co-owners hold property in 'joint ownership' (kyōyū), which is governed by the Civil Code. Each co-owner holds an undivided share, but no co-owner may unilaterally sell, transfer, or otherwise dispose of the entire property.

The law requires full agreement among all co-owners to sell or otherwise alienate the jointly owned real estate. This reflects the principle that joint ownership creates mutual rights and obligations — and no co-owner may prejudice the interests of the others without consent.

Statutory Text

No co-owner may dispose of the jointly owned property or make any alteration thereto without the consent of all co-owners.

Civil Code, s. 252 — Joint Ownership

What to Do

1

Obtain written consent from every co-owner before listing or contracting to sell the property.

2

If consensus cannot be reached, consider filing for partition (bunkatsu) under Civil Code s. 256–258 to divide the property or force a sale through court order.

3

Document all agreements in Japanese, signed and sealed (inkan), to ensure enforceability.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-09.