Property division:
how the assets were built matters more than whose name is on the title

Property to be divided and property excluded

The Korean Civil Act adopts a separate-property system, treating property acquired in one spouse's name during marriage as that spouse's separate property (Article 830(1)). But when property is settled on divorce, what matters is whether the two worked together to acquire it, rather than whose name is on the registration or bank account. Even if one spouse did not work outside the home, taking on housework and child-rearing is recognized as cooperation in accumulating property.

In a case where a civil servant's retirement pension was already being paid at the close of fact-finding hearings, the Supreme Court held that if the other spouse cooperated in the work performed during the marriage, that portion is part of the property the couple built together. Division by having the recipient transfer a fixed percentage of each monthly payment to the other spouse is also permitted (Supreme Court en banc Decision 2012Meu2888, decided July 16, 2014). The divided pension operated separately under public pensions such as the National Pension is a different system, so also see our guide to pension division.

When property is hidden or diverted

If you do not know what the other spouse owns, you can use the property disclosure procedure to make the other spouse reveal his or her assets directly. If that is not enough, you move on to a property inquiry directed at banks and other institutions (Articles 48-2 and 48-3 of the Family Litigation Act). To keep property from being sold off during the trial, use the appropriate tool among a pre-trial disposition, a provisional attachment and a provisional injunction (Articles 62 and 63). Guide to pre-trial dispositions and provisional attachment

How the division ratio is set

The ratio is not set asset by asset, such as a certain percent of the apartment and a certain percent of the deposits. The basic approach is to put all the property together and set a single ratio based on contribution and all circumstances. The Supreme Court held that setting different ratios for each asset without good reason is unlawful, and allowed separate ratios only in rare cases such as pensions whose value is hard to fix (Decision 2012Meu2888).

1. Organize by point in timeList the property at the time of marriage, when separation began, and when the suit was filed, in turn.
2. Determine valuesIdentify market value or appraisal results for real estate, balances for deposits and shares, surrender values for insurance, and expected amounts for severance pay.
3. Deduct debtsDeduct loans taken out to acquire joint property, and separate out one spouse's personal debts.
4. Prove contributionSubmit evidence of each spouse's income, where the money used to buy the property came from, who took on housework and child-rearing, and who worked to preserve separate property.
5. Choose the method of divisionChoose the method that fits the reality: cash payment, transfer of ownership, or monthly division of a pension.

When and through what procedure to claim

Property division can be contested within the divorce lawsuit (Article 14 of the Family Litigation Act) or filed as an independent case after the divorce. An independent case is also a Class E non-contentious family case, so mediation comes first (Article 2(1)2(b) and Article 50). The two years are counted from the date of reporting for a divorce by agreement or from the date of finality for a divorce by judgment, and the right is extinguished when the period ends (Article 839-2(3) of the Civil Act). If you completed only the divorce and put off settling property, check how much time remains first. Deadlines for Claims →

When you come for a consultation, it helps to bring the property registry (certificate of registered matters) and real estate sale contracts, several years of bank transaction records, loan agreements, insurance policies, and documents on expected severance pay. If money you had before marriage or support from your parents is mixed in, also bring transfer records showing where the money came from. Do not worry if you have not identified all of your spouse's property. Write down what you know, and the unknown parts will be confirmed through court procedures.

Frequently Asked Questions

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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