Property built up together during marriage is divided, whoever's name it is in

Property Division Matters We Handle

1. What Property Is Divided — The test is whether it was built up through the couple's cooperation, not whose name it is inReal estate, deposits, shares, insurance, severance pay, and similar assets built up through the couple's cooperation during the marriage are subject to division. Even if held in one spouse's name or in a third party's name, property can be included if it was in substance built up through the couple's cooperation. Debts are also settled if they were incurred in building up joint property.Real estate, deposits, shares, virtual assets, insurance · Severance pay, retirement pensions, national pension, etc. · Debts incurred in building up joint property · Property in a third party's name (title trusts, etc.) · Preparing a list of divisible property and its value
2. Separate Property — Excluded in principle, but this can change if the other spouse helped maintain or increase itProperty owned before marriage and property received by inheritance or gift are in principle not subject to division. However, if the other spouse cooperated in maintaining or increasing that property, it may become subject to division or be reflected in the contribution assessment.Property acquired before marriage · Property received by inheritance or gift · Proving contribution to maintaining or increasing the value of separate property · Length of the marriage and degree of cooperation in building up property · Securing records of where the property came from (transfer records, gift documents)
3. Division Ratio — Contribution and all other circumstances are consideredThe division ratio is set for the property as a whole, considering contribution and all other circumstances, not by contribution to each individual asset. Factors include whether both spouses worked, the burden of housework and childcare, the length of the marriage, and how the property was built up.Financial contribution to building up property · Contribution through housework and childcare · Length of the marriage and when the property was acquired · Cooperation in maintaining and increasing the property · Support-related factors such as securing life after divorce
4. Deadline and Preserving Assets — 2 years from the date of divorce; revocation of fraudulent acts for hidden assetsThe right to claim property division expires 2 years after the date of divorce. If the other spouse tries to move assets away before or after divorce, you can try to preserve them through a pre-trial disposition or an action to revoke fraudulent acts.The period is counted from the date of report for a divorce by agreement, and from the date the judgment becomes final for a judicial divorce · If you divorced without agreeing on property division, file within 2 years · Apply for a pre-trial disposition prohibiting disposal of property · Revocation of fraudulent acts: within 1 year from learning of the grounds and 5 years from the act · Property division can also be claimed when a de facto marriage ends

1. Nature and Scope of the Right to Property Division

Either spouse who has divorced by agreement can claim property division from the other (Article 839-2(1) of the Civil Act). The same provision applies mutatis mutandis to judicial divorce (Article 843 of the Civil Act), so it can be claimed regardless of how the divorce came about, and even the at-fault spouse responsible for the divorce has the right to claim.

The Supreme Court explains that the main purpose of property division is to settle and distribute property jointly built up by the couple during the marriage. Because the Civil Act adopts a separate property system, property acquired in one's own name during the marriage is that spouse's separate property (Article 830(1) of the Civil Act), but at divorce each spouse's share is decided according to the substance, such as the degree of contribution to building up and maintaining the property, regardless of whose name it is in. In a property division case, the court considers not only the settlement of property built up during the marriage, but also support-related factors after divorce and the character of a payment compensating emotional harm (Supreme Court Decision 2024Seu876, decided January 15, 2026).

2. Property Subject to Division

Where one spouse is actually receiving a public officials' retirement pension at the close of argument in the fact-finding instance of the divorce lawsuit, the pension combines the character of a social security benefit and of deferred wages, so as long as the other spouse's cooperation in the work during the marriage is recognized, the portion corresponding to that period can be seen as property built up through the cooperation of both spouses. Property division by having the pension recipient periodically pay the other spouse a fixed percentage of each monthly pension payment is also possible (Supreme Court en banc Decision 2012Meu2888, decided July 16, 2014).

Where debts incurred in building up joint property during a de facto marriage were repaid after the relationship ended, the repaid debts are subject to settlement absent special circumstances (Supreme Court Decision 2020Meu15841, decided May 27, 2021).

3. Division Ratio and Method

The court sets the amount and method of division taking into account the amount of property built up through the cooperation of both parties and other circumstances (Article 839-2(2) of the Civil Act). The calculation generally follows this order.

1. Identify the property subject to division and assess its value (assets).
2. Deduct the debts incurred in building up joint property (liabilities).
3. Set a division ratio for the property as a whole, considering contribution and other circumstances.
4. Decide how the amount based on that ratio will be paid: cash payment, transfer of title to real estate, periodic payments, etc.

The division ratio means the percentage a spouse can receive from the other of the property built up as a whole, considering contribution and all other circumstances, not contribution to each individual asset. Therefore, a court may not set different ratios for different assets without a reasonable basis. However, where the value cannot be specified, as when a retirement pension is divided by periodic payments, a separate ratio can be set apart from the other general property (Supreme Court en banc Decision 2012Meu2888).

4. Claim Procedure and Deadline

If the spouses cannot or do not agree on property division, the family court sets the amount and method of division at a party's request. This right expires 2 years after the date of divorce (Article 839-2(2) and (3) of the Civil Act). If claimed together with the divorce lawsuit, everything can be decided at once (Article 14 of the Family Litigation Act). Even when claimed separately after divorce, it is a Class Ma family non-contentious case, so mediation comes first (Article 2(1)(ii)(b)(4) and Article 50 of the Family Litigation Act).

Where one spouse enters into a juristic act concerning property rights knowing that it would harm the other spouse's exercise of the right to property division, the other spouse can ask the family court to revoke it and restore the property. This action must be filed within 1 year from learning of the grounds for revocation and within 5 years from the date of the juristic act (Articles 839-3 and 406(2) of the Civil Act).

5. Practical Issues

• Identifying assets: Property in the other spouse's name is confirmed through financial transaction inquiries, real estate registration certificates, fact inquiries, and similar means. In a property division case, the family court can order submission of a list of assets where particularly necessary (Article 48-2 of the Family Litigation Act).
• Property acquired after the marriage broke down: Property acquired without any connection to the couple's cooperation may be excluded, but which point in time is used to identify divisible property is argued case by case.
• Heavy debts: Personal debts must be distinguished from debts incurred in building up joint property. Debts from one spouse's gambling or business failure may not be subject to division.
• Unilateral disposal: Disposing of a major part of jointly built property without the other spouse's consent can itself be a ground for divorce (Article 840(6)) (Supreme Court Decision 2025Meu10730, decided September 4, 2025).
• Effect of a written agreement: If a divorce agreement includes terms on property division, those terms apply, and if the agreement is legally defective it can be challenged separately. The agreement is easier to carry out if it states the specific amount, payment date, and how title will be registered.

Key Court Decisions

Supreme Court en banc Decision 2012Meu2888, decided July 16, 2014

Held that a public officials' retirement pension entitlement that has already arisen can be included in property division, that division by periodic payment of a fixed percentage of each monthly payment is possible, and that the division ratio applies to the property as a whole.

Supreme Court Decision 2024Seu876, decided January 15, 2026

Held that the main purpose of property division is to settle and distribute property jointly built up during the marriage, and that if one divorced spouse dies, the obligation to divide property passes to the heirs, so the former spouse can claim property division against the heirs.

Supreme Court Decision 2020Meu15841, decided May 27, 2021

Held that the property division provisions can be applied by analogy to a de facto marriage, and that debts incurred in building up joint property during a de facto marriage and repaid after it ends are subject to settlement absent special circumstances.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026