I’m a Canadian citizen with permanent resident status. Been married to a Japanese national (woman) for 20 years. We live together with 3 children. We own and work together in a small business. She inherited our houses and property, but they were unlivable, and I put Extensive money and work into upgrading them. We live and work in the houses.
I’ve trusted her fully, and all assets (houses, business, savings, etc) are in her name.
In the event of a divorce, can she force me out of my home?
If I understand correctly, she can take everything, except our savings (which should be split equally). What if she spends or hides these savings? If I can access the savings, or liquidate some assets, and transfer the funds to an account in my name, either in Japan or in Canada, will I then have control of that money?
Thank you!
16 comments
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A house is a matrimonial asset: https://englishlawyersjapan.com/in-a-divorce-how-is-property-divided-in-japan/
Even if it’s in her name, you both technically own it.
Bottom line OP…..if it ever does come to divorce and you both can’t reach mutual agreement on division of assets, then it inevitably goes to court and you will probably end up with nothing after that battle.
If divorce is on the horizon, then it is time to have a deep discussion with your soon to be ex. Put aside the reasons for divorce and talk about what you can both do to be the best parents you can be which means paying appropriate child support and providing adequate visitation. Fair division of assets is key to keeping the peace too. Anything else will just be misery for the children and money for the lawyers.
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That doesn’t sound great for you in the event of divorce, are you being threatened?
I only have my own experience to go by but the Japanese seem to put a lot of stock in the concept of possession being nine tenths of the law. Because I was the one who stayed in the house and paid the mortgage I eventually got the house on terms that were very favourable to me. My advice is don’t leave.
Is the divorce amicable? Was there infidelity involved?
— She inherited our house**s** and property. So multiple houses?
Yes, it was her family’s first, you will have to get out
username checks out
Lawyer. Quickly.
Maybe it’s just me, but is this your primary concern – stuff? Dude, if I had been with my wife for 20 years and had children with her, I wouldn’t give one single microscopic f*ck about STUFF. You can always get STUFF. But here, you lose your partner. Your kids lose a stable home with both of their parents. Like, my man… priorities.
Bloody hell, if my wife or I ended things I know for a fact that we’d both want to just get the hell out as soon as possible. It’d be devastating as a motherfucker.
If you’re worried your wife would rob her husband and the father of her children blind… then I dare say, you picked the wrong woman.
According to an English lawyer in Japan.
Inheritance or property received as a gift is excluded from the division of assets.
Divorce is rally looked down on. Which is why a lot of unhappy couples just live separately. No mess, do what you want.
Sus that the question lead isn’t “I want to/going to” divorce my wife of 20 years but rather “if we” 🧐
I’d be more concerned about custody of the kids
Hopefully, you both have good communication skills and no bad blood because it sounds like it’s gonna be messy. Family law here is ambiguous and I think unless there is specific evidence of you having a share in property (contracts, bills, utilities etc) your case is going to be very weak.
Also, like what one of the posters said below, if it’s going to end in bad blood, I’d worry about the custody of the kids more. I know people who have separated and basically completely lost access to their kids because generally, courts prefer the kids to stay with the mother, and more so if she is Japanese.