Practice Areas
Divorce & Adultery
Division of Property
Division of property is the right to claim a share of the assets the spouses accumulated during the marriage, in proportion to each spouse's contribution.
Even the spouse at fault for the divorce may claim division of property.
Assets Subject to Division
Marital property is, in principle, property the spouses accumulated together through their joint efforts during the marriage. It includes real estate, cash, insurance, and the like; any debts are deducted from the marital property. Marital property is subject to division even if it is held in one spouse's name or held in trust under a third party's name, as long as it was in fact acquired through the couple's joint efforts, regardless of who holds title or manages it.
One spouse's separate property is, in principle, not subject to division. However, it becomes subject to division where the other spouse is found to have made a meaningful contribution to maintaining or increasing it. In practice, where the marriage has lasted many years, the courts include most separate property among the assets to be divided. Retirement benefits and pensions are subject to division not only where they have already been received, but also where they will be received in the future.
Time Limit for Filing a Property Division Claim
The right to claim division of property is extinguished two years after the date of divorce. If you completed the divorce report without any agreement on property division, you may file a property division claim within two years of the divorce. Upon the dissolution of a de facto (common-law) marriage, you may likewise claim division of property, separately from any claim for damages (consolation money) for the wrongful termination of the relationship.
Judgments in Property Division Cases
In a property division judgment, the court may order the payment of money, the delivery of property, the transfer of registered title, or other performance. Division by cash payment is ordered most often.
As shown below, the court first deducts liabilities from assets to determine the net value, then applies each spouse's contribution to the formation of the property, and finally fixes and pronounces the amount to be divided.

(Assets - Liabilities)

Each spouse's contribution to the formation of the property

Final property division amount

PROCESS

DAEON's signature
Hands-on Client Support

  • Check
    01

    Request a Consultation

    Our Managing Partner conducts the consultation personally,
    gaining a precise understanding of the core of your case and where things stand.
  • Check
    02

    Engagement & Initial Response

    Once we are retained, a dedicated attorney is assigned
    and work on the initial response and strategy begins immediately.
  • Check
    03

    Evidence & Case Review

    We closely examine the facts of your case and the evidence,
    and systematically analyze the key issues.
  • Check
    04

    Tailored Strategy

    The attorneys on your case, including our Managing Partner, meet in person
    to design a strategy tailored to your specific matter.
  • Check
    05

    Precedent & Legal Analysis

    Drawing on DAEON's winning cases, comparable precedents and Supreme Court doctrine,
    we identify the most effective course of action.
  • Check
    06

    Drafting & Reviewing Legal Documents

    Even after legal documents are drafted, we keep communicating with you
    to re-examine and refine their content.
  • Check
    07

    Direct Representation at Investigations & Trial

    From attending police questioning and detention-center visits to appearing at every hearing,
    we stand with you in person throughout the entire case.
  • Check
    08

    Results & Follow-up Support

    We share the final outcome with you and provide practical assistance
    through actual recovery and any follow-up enforcement.
Once we take your case,
we see it through
© DAEON Law Firm. All Rights Reserved.
Phone consultation
Legal Consultations with Specialist Attorneys
Every consultation is conducted personally by our Managing Partner,
available in person or by phone.
Address
802, Star Gallery Bridge Bldg., 250 Seocho-daero, Seocho-gu, Seoul, Korea
E-mail
dwshin@daeonlaw.co.kr
Tel
02-2138-3478
Managing Partner
Shin Dong-woo
© DAEON Law Firm. All Rights Reserved.