I am a U.S. woman living in Korea who has operated an English language private school for the past four (4) years that I have lived with Korean husband. Though we failed to make report of marriage in Korea, our parents and friends think that we are a married couple.
Some time ago, I knew my husband’s unfaithfulness and then have been separated from him.
I want to get a divorce from him, but the Cheonse security deposit saved by both of us is made in his name.
Q 1) If I get a divorce from my husband, I want to receive property division from the Cheonse security deposit. Is it possible?In the event husband and wife live together and maintain marital relationship without report of marriage, the Korean law prescribes such type of marriage as ‘de facto marriage’ and protects it to the similar extent as de jure marriage.
In the event de facto marriage fails, either party to de facto marriage may file a claim for payment of consolatory compensation and for property division against the other party.
Accordingly, if money saved by joint effort of husband and wife is the Cheonse security deposit in the name of husband in the state of de facto marriage, you may receive property division from the Cheonse security deposit.
Q 2) If I intend to receive my share in the Cheonse security deposit in the name of husband, which proceedings will I take?You should file a claim for property division arising from termination of de facto marriage with the Family Court in Korea against your husband.
In order to prevent your husband from disposing of the Cheonse security deposit at his own discretion, you should file a petition for preliminary attachment of the Cheonse security deposit before filing such claim.