What Is the Spousal Short-Term Right of Residence, and Can You Keep Living in the Home Until the Estate Division Ends?

In short: when a spouse dies, the surviving spouse who was living, free of charge, in that building at the time inheritance began can keep living there free of charge for a set period until the estate division ends. This is the spousal short-term right of residence (Article 1037 of the Civil Code). The period is: where the division of the estate including that building is to be made, until the later of the day the building's attribution is fixed by the division or the day six months have passed from the start of inheritance (Article 1037(1)(i)); and where the building is not subject to the division, until the day six months have passed from the day the acquirer of the building makes the demand for its extinguishment (Article 1037(1)(ii) and (3)). This right is separate from the registrable (long-term) spousal right of residence (Article 1028 of the Civil Code): it arises automatically once the requirements are met, and cannot be registered. The system took effect on 1 April 2020 (Reiwa 2) and applies to inheritances that begin on or after that day. This article is general information and does not make the final judgment on whether a given residence can continue. The administrative scrivener of the Yotsuba group supports, as an independent business, organising the relationships of rights and preparing the estate-division agreement. The registration to set up the (long-term) spousal right of residence is for a judicial scrivener; disputes over continued residence or vacating are for a lawyer; the inheritance-tax valuation is for a tax accountant; and the sale and use of inherited real estate are for our company, a real-estate agent that is a separate business; each is contracted separately. Our office receives no referral fee from any professional.

When and in what case does the spousal short-term right of residence arise?

The spousal short-term right of residence is recognised where the spouse was living, free of charge, in a building that belonged to the decedent's property at the time inheritance began, as a right to use that building free of charge against the person who acquires it (the acquirer of the building) (Article 1037(1) of the Civil Code). It is a statutory right that arises automatically once the requirements are met, without being specially provided for in a will or division agreement; in nature it is described as a statutory claim similar to a loan for use. The system exists to prevent the surviving spouse from losing the home right after inheritance begins.

Requirement	Content
The target building	A building that belonged to the decedent's property
State of residence	The spouse was living there free of charge at the start of inheritance
Content of the right	A right to use it free of charge against the acquirer of the building (short-term right of residence)
How it arises	Automatically once the requirements are met (no setting up by will/agreement)

The "spouse" here means a legal spouse; a common-law relationship is not included. It is a right to "use" free of charge, and does not extend to "profit", such as earning rent income, which is where it differs from the long-term spousal right of residence. For the overall picture of how inheritance proceeds, see also Where to begin with inheritance: collecting family registers and investigating heirs. We guide the process along our Engagement Flow.

Until when can you stay? (the later of the division-fixing date and six months from the start of inheritance)

The period depends on whether the building is subject to the estate division. Where the division of that building is to be made among the co-heirs including the spouse, it lasts until the later of the day the building's attribution is fixed by the division or the day six months have passed from the start of inheritance (Article 1037(1)(i) of the Civil Code). Where it is not subject to the division, such as when the acquirer of the building is already decided by a will, the acquirer may make a demand for extinguishment (Article 1037(3)), and it lasts until the day six months have passed from that demand (Article 1037(1)(ii)).

Situation	End point of being able to stay	Basis
Where that building is divided	The later of the day attribution is fixed by the division or six months from the start of inheritance	Civil Code Article 1037(1)(i)
Otherwise (acquirer fixed by bequest, etc.)	Six months from the day the acquirer makes the demand for extinguishment	Civil Code Article 1037(1)(ii) and (3)

In other words, however the division proceeds, the home is secured for at least six months from the start of inheritance. The spouse must use the building according to the former method of use and with the care of a good manager, and cannot let a third party use it without the acquirer's consent (Article 1038(1) and (2) of the Civil Code). If this is breached, the acquirer may extinguish the short-term right of residence by a manifestation of intention (Article 1038(3)). Support for preparing the estate-division agreement is also covered in How to make an estate-division agreement.

How does it differ from the (long-term) spousal right of residence? Is registration needed?

The similarly named "spousal right of residence" (long-term) is a different right. It is a right the spouse acquires over a building in which they were living at the start of inheritance, when it is to be acquired by the division of the estate or is made the object of a bequest, to use and profit from the whole building free of charge (Article 1028(1) of the Civil Code). This is a registrable right, and the spouse is granted a right to claim registration (Article 1031(1) of the Civil Code). The spousal short-term right of residence, by contrast, is a short-term right that arises automatically once the requirements are met, and cannot be registered. When the spouse acquires the (long-term) spousal right of residence over the same building, the short-term right of residence is extinguished (Article 1039 of the Civil Code).

Aspect	Spousal short-term right of residence	Spousal right of residence (long-term)
Basis	Civil Code Articles 1037 to 1041	Civil Code Articles 1028 to 1036
How it arises	Automatically once requirements are met	Acquired by division, bequest or gift on death
Content of the right	Use free of charge	Use and profit free of charge
Duration	In principle short-term, at least six months from the start of inheritance	In principle for life (a different term may be set)
Registration	Cannot be registered	Can be registered (right to claim registration, Article 1031)

How the long-term spousal right of residence is set up and tied to the division and registration is organised separately in Setting up the spousal right of residence, estate division and registration. The registration to set up the (long-term) spousal right of residence is a field for a judicial scrivener, while an administrative scrivener supports, as an independent business, the preparation of documents that organise the relationships of rights, such as the estate-division agreement. A guide to our fees is set separately in our Fee Schedule.

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When is the short-term right of residence not recognised?

The spousal short-term right of residence is not recognised in the following cases. Where the spouse had acquired the (long-term) spousal right of residence over the building at the start of inheritance, or where the spouse falls under disqualification of an heir (Article 891 of the Civil Code) or lost the right of inheritance by disinheritance, the short-term right does not arise (the proviso to Article 1037(1)). Also, because the premises are that the building "belonged to the decedent's property" and that the spouse was living there "free of charge" at the start of inheritance, where the spouse had been renting it for rent from before, you consider whether they can keep living there under the ordinary rules of lease rather than this system.

Case where it is not recognised / a premise is lacking	Reason
Had acquired the (long-term) right of residence at the start of inheritance	The long-term right makes the short-term one unnecessary (proviso to Art. 1037(1))
Lost the right of inheritance by disqualification/disinheritance	Excluded by the proviso (Article 891, etc.)
Was not living there free of charge at the start of inheritance	The premise of "living free of charge" is lacking

When the spousal short-term right of residence is extinguished, the spouse must in principle return the building (Article 1040 of the Civil Code). Certain provisions on loans for use and the like are applied mutatis mutandis (Article 1041 of the Civil Code). Where a dispute arises among the heirs over whether one can keep living there or when to vacate, the legal assertions, negotiation and litigation are a field for a lawyer. Where the inherited building is ultimately to be sold or used, you may also use the consultation desk for inherited real estate run by a separate-business real-estate agent. Organising the relationships of rights and preparing the estate-division agreement are supported by an administrative scrivener as an independent business, contracted with each professional separately, with no referral fee received from one another. Individual judgements are made by a qualified professional after a meeting. See also our Inheritance guidance.

FAQ

Q. Even if the will says the house goes to someone else, can the spouse keep living there?
A. They can for a set period. Even where the acquirer of the building is fixed by a will, a spouse who was living there free of charge at the start of inheritance is granted the spousal short-term right of residence and may use it free of charge until six months have passed from the day the acquirer makes the demand for extinguishment (Article 1037(1)(ii) and (3) of the Civil Code). Disputes over residence after that are a field for a lawyer.

Q. Can the spousal short-term right of residence be registered?
A. It cannot. What can be registered is the long-term spousal right of residence (Article 1028 of the Civil Code; the right to claim registration is Article 1031(1)); the short-term right arises automatically once the requirements are met and is not an object of registration. When the spouse acquires the long-term spousal right of residence over the same building, the short-term right is extinguished (Article 1039 of the Civil Code).

Q. While living there, who bears the upkeep and property tax?
A. The spouse bears the duty to use the building according to the former method of use and with the care of a good manager (Article 1038(1) of the Civil Code), and in principle bears the ordinary necessary expenses (Article 1034, etc., applied mutatis mutandis). The specific bearing and settlement of costs such as property tax differ by the individual circumstances, so this article gives no uniform conclusion. Please confirm the judgment with a qualified professional.

Q. Is the spousal short-term right of residence recognised for a common-law wife (husband)?
A. The "spouse" of the spousal short-term right of residence means a legal spouse, and a common-law (de facto) partner is not included. Whether a common-law partner can keep living there is examined individually under a different legal construction such as a loan for use or lease, and if it becomes a dispute it is a field for a lawyer. An administrative scrivener supports, as an independent business, organising the relationships of rights and preparing related documents.

Sources (Primary Information)

• e-Gov Law Search / Ministry of Justice, "Civil Code", Article 1037 (spousal short-term right of residence: a spouse living free of charge at the start of inheritance in a building belonging to the decedent's property has a right to use it free of charge against the acquirer; (1)(i) = where division is to be made, the later of the day attribution is fixed or six months from the start of inheritance; (ii) = otherwise, six months from the demand under (3); proviso = excluded where the right of residence was acquired, or on disqualification (Art. 891) or disinheritance; (2) = the acquirer must not impede the spouse's use by transfer to a third party, etc.; (3) = except in (1)(i), the acquirer may demand extinguishment at any time), Article 1038 (former method of use, care of a good manager; third-party use needs the acquirer's consent; on breach, extinguishment by manifestation of intention), Article 1039 (on acquiring the spousal right of residence, the short-term right is extinguished), Article 1040 (return of the building on extinguishment, etc.), Article 1041 (mutatis mutandis application of Articles 597(3), 600, 616-2, 1032(2), 1033 and 1034) (accessed 2026-10-18)
• e-Gov Law Search / Ministry of Justice, "Civil Code", Article 1028 (spousal right of residence = long-term; acquired by division or bequest, use and profit from the whole building free of charge), Article 1031 (registration to set up the spousal right of residence; right to claim registration) (accessed 2026-10-18)
• Ministry of Justice, "Measures to protect the residence right of the surviving spouse (spousal right of residence / spousal short-term right of residence)" (Act partially amending the Civil Code and the Domestic Relations Case Procedure Act = Act No. 72 of 2018; the residence-right part took effect on 1 April 2020 (Reiwa 2) and applies to inheritances beginning on or after that day) (accessed 2026-10-18)

This article is general information and does not make the final judgment, in an individual case, on whether the spouse can keep living there, until when, or who bears the costs. The spousal short-term right of residence is a short-term right that arises automatically once the requirements are met and cannot be registered, separate from the registrable (long-term) spousal right of residence. Support for organising the relationships of rights and preparing the estate-division agreement is handled by the administrative scrivener of the Yotsuba group as an independent business; the registration to set up the (long-term) spousal right of residence is by a judicial scrivener; disputes over continued residence or vacating are by a lawyer; the inheritance-tax valuation is by a tax accountant; and the sale and use of inherited real estate are by Yotsuba Real Estate Co., Ltd., a separate business, each contracted separately. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.