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Re entry Permanent Residence and debts 2016/12/25 17:11
Hi there everyone,
The story is I was married to a Japanese once and she passed away 4 years ago.
I hold a Japanese PR and 3 months after she left I made a 'round move' to come back home for a living though when I was living in Japan I had my own income.
When we were together we bought a house , a few cars and she had a bank loan for her small business.But all were under her name.Only the house loan I was the second guarantor - her mum is the first.
When I decided to leave, ( loneliness, sad and depressed ) the loans and debts were not fully paid yet because its all under her name and I never contacted the bank (my mistake ??!!) who is the next of kin - (me or her mother ??) - and who should continue to pay her debts.
My re entry had expired last year but am thinking of flying back there to see friends , families of the late wife etc etc.
What worry me most now is will I be held up at the port of entry due to her unpaid dues ? Forget about the PR - I might live or might not live there again other than visiting.I don't mind either if they ask me to pay for on her behalf , she was my wife anyway.But what I'm trying to avoid is the hassle of being hold up at the immigration or maybe they'll throw me in jail for the crime I did not do ( or wasn't sure who should be paying her unpaid debts.) I've asked a few friends in Japan to find out for me but has no avail.Don't even know who to call to find out or should I just enter again on a tourist visa (since my Re Entry has expired).
Has anyone experienced this before ?
by Punkychan  

Re: Re entry Permanent Residence and debts 2016/12/25 20:24
Sorry to hear of your wife.

Since you say your PR has expired, your only choice currently would be to try to enter Japan on Temporary Visitor status.

Any way you can contact her mother to find out about those practical things? Since she was the first guarantor, it is likely that she was contacted by the bank in any case.

Regardless of whether you will again live in Japan or not, I believe it would be wise to contact your wife's mother to sort of those things. I hope you haven't let the impression on her (I mean, it is after all your spouse's parent!) that you just left without caring.
by ....... (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/25 21:59
when your wife was dead, you automatically became her loan holder. since you were her husband.
you made a serious mistake that you did nothing of legal paperwork.
by ken (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/25 22:14
I am sorry for your wife.

I don't advise you to enter Japanese before discussing with a lawyer. You might be taken to jail directly from the airport. Japanese won't be joking with you if you made a crime.

I said contact a lawyer because it is safe. I don't know about your relationship with your mother in law, but if I were you, I won't feel secured before talking with a lawyer.
by WaiWair (guest) rate this post as useful

Re: Re entry Permanent Residence [qsd debts 2016/12/26 08:30
You might be taken to jail directly from the airport.

Thank you for a good morning laugh!
by Firas rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/26 14:29
Thank you for the reply guys...that should give me some idea where to start...
by Punkychan rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/27 09:25
You might be taken to jail directly from the airport.

No - it is a civil matter, not an arrestable offence. As Frias noted, he thought the comment was quite funny - the world doesn't quite work like that.
by JapanCustomTours rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/27 12:32
Did your wife hold life insurance of any kind? Often with loans they require you to enroll in life insurance so in the event the original loan-holder does pass away, or becomes unable to pay the loan due to a debilitating illness, the life insurance policy is able to cover it. But that information is something, as others have said, maybe your wife's mother would know more about.
by scarreddragon rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/28 17:10
Hello guys,...after a few phone calls to Japan to friends and ex relatives , my mum in law received some money from her insurance company after I had left.What happened after that was not known because she too passed away 4 months after I left.She ( my late wife) being the only child, her dad passed away 6 months before her and then her mum followed.After talking to her relatives in Japan they had really no idea whether the loans has been paid or not which the only truth they knew her mum did received some money from the insurance company.
Even if she did pay, I think the money from the insurance is still not enough to cover the whole loan for the house ( which was about 3000man ) balance before I left.
I'm still stumped on the answers and thought of what will the risks be if I just fly out there ?
Would you all think if I were to contact the immigration there would be appropriate ?
by Punkychan rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/28 17:48
When you setup housing loan you have to setup an insurance called ’cMidanshinj. It covers unpaid loan after the loan holder passed away.
No problem if the loan was on her name.
by .. (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/28 17:55
But 30million on a person is too much unless she used to earn over 10million annually.
Did you fulfill your duty when you left her?
If you didn't there might be a problem for that irresponsiblity legally.
by .. (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/28 18:10
OP does not know the inherit system of Japan.
if the wife was dead, all properties, money, and debts will be inherited to the husband and the children (if there are). note that the wife's mother does not have a right to inherit those, if the husband is present.
you had to do some legal paperwork at that time.

about houses: if the wife bought the house and she had a house loan. the portion of the wife's possession,Ž•ª, now belongs to OP. there are some different house loan systems. in most cases, the bank pays the life insurance,’c‘ÌM—p¶–½•ÛŒ¯, to cover unexpected death of the borrower. if so, OP does not need to pay the residual loan. but, you have to do some legal paperwork to clarify the property possession.

about you wife's business loan : you automatically inherited the loan. you have to pay the residual loan.
by ken (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/29 11:51
@ken
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by .. (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 11:01
Business loan, owned by the business. Depends on the type of business. If he (OP) was guarantor, then there is a liability (civil, not criminal - hence immigration don't care). If he business was a GK or KK, it's obviously failed and the bank has taken the loss, that's why you do limited liability companies.
by JapanCustomTours rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 13:06
Be careful. Even though immigration doesn't have nothing to do with it, there is yakuza at every end of unpaid loan.
by . (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 13:16
Danshin can be added to business loans.
by . (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 18:35
Hi there guys,
Yes..Ken you are right.I totally have no idea about Japan inheritance system.
Economically based regarding the house loan - she was earning a little more than 1.5 Oku a year - she had her own online business.
She uses her personal name to purchase the house which was our private house anyway.As I had mentioned, when she purchased the house under the bank loan, her mum was the first guarantor and me the second guarantor and signatory.
As for her business loan - not that much - I knew paid a few times before I left and the balance was only about 200Man.
Danshin- as far as I am concern we did have that when we purchased the house.
I did not mentioned earlier , when we were together she earned her own money and I had my own business though my own income is not as substantial to hers in comparison.
What I want to know is whether I'm allowed to enter the country or not due to this matter.I don't mind if allowed to enter and if they want me to pay up all the loans I'm already prepared.
by Punkychan rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 18:52
No one can tell you you will be certainly allowed to enter Japan. It's all the nation's will they let someone enter or not. It means they can deny it for any reason.
I quoted this from an answer by a lawyer to a similar question.
by .. (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2016/12/30 21:59
I think OP can enter Japan with no trouble, because OP's concern is only related to the bank, not to the government.
the inheritance and guarantor systems work independently. OP is an inheritor. as already mentioned, the spouse and the children are the first inheritors.
(In Japan, legal marriage is extremely important, because it relates to inheritance.)
by ken (guest) rate this post as useful

Re: Re entry Permanent Residence and debts 2017/1/1 16:35
Thank you for the answers.That shed some lights to me.I think I would give it a try , if allowed to enter then will clear everything off my shoulder.
by Punkychan rate this post as useful

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