Pre-registration cohabitation recognized, property division awarded

Background

Our client and the other party began living together as a married couple, but only registered the marriage more than three years later. In the meantime, they jointly decided to buy land in the other party's name and build a house, where they lived together once it was finished. Conflict later deepened over the other party's health problems and caregiving, the division of insurance money, and an attempt by the other party to sell the house without consulting our client, and the couple separated when our client moved out. Our client sought a divorce, damages for emotional distress and division of property, and the other party counterclaimed for divorce and damages.

The issue

The other party denied any common-law marriage before registration, arguing that the house and land in their name were separate property acquired before the marriage and could not be divided. They also argued that their card loan, car loan and bank loans should be counted as shared debts. The issues were when the marriage should be treated as having begun, which assets and debts should be divided, and who was responsible for the breakdown.

Our approach

We argued on the client's behalf that the couple had lived together as spouses long before registering the marriage, so the house and land acquired during that period were property the couple built together. We also sought damages on the ground that the other party had pushed our client out of the home and tried to dispose of joint property unilaterally.

The court's reasoning

The court recognized a common-law marriage, pointing to the couple living together for years before registration, spending holidays at the other party's parents' home, deciding together to build the house with our client checking on the construction, and registering part of the building plot in joint names. It also noted that the other party, in a phone call, did not dispute that the marriage had lasted about five years. The court therefore counted the marriage from around the time our client began spending time with the other party's family, and included the properties in the other party's name in the division. It excluded all the loans: one had no clear start date, one was tied to a vehicle left out of the division, and the rest were taken out without consultation after the breakdown. On damages, it found that neither side was solely to blame and that responsibility was equal.

Outcome

The court granted the divorce, set our client's share at 25% of the couple's net assets, and ordered the other party to pay KRW 56 million in property division plus late-payment interest. The ratio reflected that the main assets were funded largely by the sale of land the other party already owned and by loans, and that our client ran the household while also contributing income. Both sides' damages claims were dismissed, and part of the amount our client sought in property division was awarded.

What this case means

Even a period of cohabitation before registration can count toward property division if a genuine married life can be shown. Evidence of that shared life, such as holidays spent together, joint registration of property and records of conversations, formed the basis of the court's decision.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.