Assets held by a spouse
List the assets you know about and the records already available. We review what remains to be established and how to seek relevant information through the appropriate procedure.
DIVORCE & MARITAL PROPERTY
Korean divorce & property division lawyers
Identify the property to divide, the contribution to explain, and the position to defend.
Kim & Hyun reviews property claims and defenses, including cases involving inherited assets and clients who oppose the divorce itself. We distinguish the divorce issue from the property issues and explain the evidence needed for each.
Start with the disputed issue.
Inherited or gifted property
We examine when and how the property was acquired, how it was maintained, and the other spouse’s claimed contribution. Its source alone does not resolve every issue.
Company shares or a disputed payment
We separate personally held shares from company property and examine the valuation, debts and calculation behind the demand or judgment.
You do not want a divorce
We review the divorce claim and related property demands separately. Opposing a divorce does not by itself guarantee that the claim will fail.
CASE RESULTS
What changed in the case
Marriage continued · no property division payment
Divorce defense without a property division payment
Read the case ↗- The concern
- A Kim & Hyun client who did not want a divorce faced demands for divorce and division of property.
- Our response
- Kim & Hyun represented the client in opposing the divorce and responding to the related property division demands.
- The outcome
- The marriage was not dissolved, and the matter ended without the client making a property division payment.
Refusing consent does not guarantee this outcome. The grounds and evidence in each matter must be considered.
- The concern
- The client challenged the valuation and calculation of a property division payment ordered in divorce proceedings.
- Our response
- Kim & Hyun represented the client in reviewing assets and liabilities, acquisition history and the payment calculation.
- The outcome
- The appellate court accepted part of the challenge and reduced the payment.
The remaining appeal was dismissed. Inherited real estate was not excluded in its entirety, and finality has not been confirmed.
ISSUE → RECORD → NEXT STEP
What needs to be established?
We compare what each party says with the records already available, then identify what needs further investigation. You do not need to collect everything before making an initial inquiry.
Property in one spouse’s name
How it was acquired and financed; work, homemaking and childcare contributions.
Useful records: Title and loan records, purchase payments and available contribution records.
Inherited or gifted property
The source of the asset and the contribution claimed to its preservation or growth.
Useful records: Inheritance or gift records, later loan repayments and management expenses.
A spouse’s company and shares
The shares held by the spouse, company property and personal debts must be distinguished.
Useful records: Available shareholder records, financial statements and documents explaining the valuation.
A payment already demanded
Which assets, debts and valuation assumptions produced the demand.
Useful records: The claim or judgment, the property schedule and the date it was received.
Only use documents you can lawfully obtain. We discuss the appropriate procedures for records held by others.
What happens when you instruct us?
Consultation
Discuss whether you seek or oppose divorce, the property demands, and any documents received.
Document review
Compare acquisition, maintenance and contribution records with the asset and debt list.
Strategy
Identify the issues to claim or answer, missing evidence and the appropriate next procedure.
Written submissions
Prepare the agreed claims, responses and supporting documents within the scope of the engagement.
Hearings and negotiations
Explain the matters to address at hearings or mediation and assess proposals as they arise.
Outcome review
Explain what was accepted, what remains unresolved and any further steps requiring consideration.
Scope and fees
The engagement defines the work included, applicable initial and success fees, court costs and other expenses. Reviewing an agreement, representing you in proceedings and handling an appeal may have different scopes. We explain these before the engagement.
Not every matter follows every step. The approach depends on the dispute and the work agreed.
KIM & HYUN
Family circumstances. Property records. Reasons for the decision.
Kim Hyun-jung, Attorney
- Estate administrator appointed by the Seoul Family Court (since 2023)
- Professional guardian, Seoul Family Court (since 2023)
- Certified tax accountant; patent attorney
Her estate-management and guardianship experience informs the review of asset records, management needs and tax-related questions.
Full profile ↗Younghoon Kim, Attorney
- Former judge, Seoul Central District Court
- Former Research Judge, Supreme Court of Korea
He examines the issues that must be proved and the reasons in existing court decisions, helping clients distinguish the claims from the supporting evidence.
Full profile ↗RELATED READING
Read about the property in your dispute.
Divorce involving business shares
Separate acquisition history from valuation evidence.
Korean-language articleA spouse’s company and shares
Distinguish company assets from personally owned shares.
Korean-language articleInherited property in divorce
Review claims concerning preservation and management.
Korean-language articleQuestions before instructing a lawyer
Can I claim a share of property registered only to my spouse?
Registration alone does not settle the issue. How the property was acquired and the spouses’ contributions, including homemaking and childcare, must be examined.
Official reference (Korean) ↗Must inherited property be divided?
Inherited and gifted assets are generally separate property. A contribution to preserving or increasing their value may nevertheless be relevant. We review the acquisition and later history together.
Official reference (Korean) ↗I cannot see my spouse’s asset records. What can I do?
In appropriate proceedings, the family court can use property disclosure and inquiry procedures subject to their requirements. These do not guarantee that every suspected asset will be found.
Official reference (Korean) ↗Can I seek property division after divorce?
The statutory period is two years from divorce. The relevant date and the steps needed to exercise the right must be checked; merely contacting the other spouse should not be assumed sufficient.
Official reference (Korean) ↗Does refusing divorce prevent a property division payment?
Not automatically. A court may grant divorce when the legal grounds are established. Our case result involving a client who opposed divorce is one specific outcome, not a rule for all cases.
Related guidance or case →Read more about your issue.
Bring what you already know.
- Your position on divorce and the other spouse’s demands
- Known assets and debts, including how they were acquired
- Available title records, transfers and contribution records
- Court papers or agreements already received, and receipt dates
For an initial phone or KakaoTalk inquiry, briefly describe the dispute and whether you have received court documents. Arrange the transfer of sensitive originals with the office.
Seocho-gu, Seoul · 502, East Building, Jeonggok Building, 16 Beobwon-ro · 010-5534-6843
Legal framework
Article 839-2 of the Civil Act provides for property division by agreement and, where agreement is not reached or is not possible, a determination by the family court upon a party’s request. The court considers the property built through both parties’ cooperation and other circumstances.
Official legal reference (Korean) ↗