Guide to the Requirements and Procedure for Claims for Division of Property Upon Divorce

Based on 51 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Division of property upon divorce is a process for liquidating the couple’s jointly accumulated property in substance; whether property is divided is not determined solely by whose name it is in. Various circumstances are considered, including each spouse’s contribution to the formation of the property, the nature of any debts, and the duration of the marriage. If the parties cannot reach an agreement, a claim may be filed with the Family Court.

Spouses → Spouse seeking division → Other spouse → After divorce, spouses need to divide property → Was the property accumulated together during marriage? → Yes → Is this a claim for property division? → No → Did the other spouse help maintain or increase its value? → Separate property is generally excluded → Yes Civil Act Articles 839-2 and 843 → Property may qualify for division If no agreement, apply to Family Court → Consider contributions, marriage duration, and living circumstances → Household work may count as a contribution → Check why debts arose and what they were for → Debts may affect the division → Use evidence of property and value at the hearing's conclusion → Ask the Family Court about asset disclosure or inquiry

Key points

A claim for division of property is separate from a claim for consolation money, and even a spouse responsible for the breakdown of the marriage may claim division of jointly owned property (Civil Act, Articles 839-2 and 843 (민법 제839조의2, 제843조); Case 5).
Property accumulated together during the marriage may be subject to division regardless of whose name it is in or who manages it. Property acquired before marriage, or by inheritance or gift, is generally excluded; however, it may be subject to division if the other spouse contributed to its maintenance, preventing its depreciation, or increasing its value (Cases 5, 10, 19, and 23).
Household work may be considered a contribution to the acquisition, maintenance, or increase in value of property. The method and amount of division are determined by considering various circumstances together, including the extent of each spouse’s contribution to the formation of the property, the duration of the marriage, and the parties’ living circumstances (Cases 5 and 23).
Debts incurred to form jointly owned property or support the family’s economic life may be considered in the division of property. However, the cases discussed here include both a decision that a claim will not be granted if no assets remain after debts are deducted and a decision that debts may be allocated even when only debts remain. The circumstances in which the debts arose and their nature must therefore be considered (Cases 3 and 18).
A spouse’s claim to retirement benefits accrued through employment during the marriage may be subject to division if its economic value can be assessed when the hearing on the merits concludes. Public officials’ retirement pensions already being received may also be subject to division (Cases 8 and 15).
For a judicial divorce, the property subject to division and its value are determined based on objective evidence as of the date the hearing on the merits concludes. Property acquired after separation may also be subject to division if it was based on resources the couple accumulated together before separation (Cases 13 and 19).
An agreement on division of property made on the assumption that the parties will divorce by mutual agreement may not take effect if the parties do not complete an uncontested divorce and instead divorce through judicial proceedings. In that event, unless the parties reach a new agreement, they must claim a division of property from the Family Court (Case 6).
If it is difficult to identify the other party’s assets, you may apply to the Family Court for an order to disclose assets or for an asset inquiry. In judicial proceedings for division of property, the court may investigate the property subject to division and is not limited to the parties’ assertions (Family Litigation Act, Articles 48-2 and 48-3 (가사소송법 제48조의2, 제48조의3); Cases 21 and 25).

Frequently asked questions

Q. Can I claim a division of property for a home titled in only one spouse’s name?

This may be possible. If the property is, in substance, jointly owned property accumulated by the couple, whose name appears on the title is not decisive. The court will consider how the property was acquired and each spouse’s contributions, among other factors.

Case 1, Case 5, Case 7

Q. Can a home acquired by my spouse before marriage be subject to division of property?

As a rule, separate property is not subject to division. However, it may be subject to division if the other spouse helped maintain it, prevent its depreciation, or increase its value. The specific facts concerning that contribution must be considered.

Case 5, Case 10

Q. Is a homemaker’s household work recognized in the division of property?

Household work may be considered a contribution to the acquisition, maintenance, or increase in value of the couple’s property. The extent of each spouse’s contribution to the formation of the property is determined by considering various circumstances, including household work.

Case 5, Case 23

Q. Do we have to divide debts even if we have no assets as a couple?

Debts incurred in connection with the couple’s shared life or the formation of their property may be considered for allocation in the division of property. However, some cases have held that a claim will not be granted if no assets remain after debts subject to liquidation are deducted from the property. It is therefore important to consider why the debts arose and whether they were incurred for the couple’s shared life.

Case 3, Case 18

Q. Can we divide the severance pay of a spouse who has not yet retired?

Even if a spouse has not actually received severance pay at the time of divorce, it may be subject to division if the economic value of the severance-benefit claim can be assessed when the hearing on the merits concludes. The cases describe the relevant amount as the severance benefits the spouse would be expected to receive if they retired at that time.

Case 15

Q. If I signed a written waiver of property division in advance when we agreed to divorce, can I no longer make a claim?

A case discussed here holds that a waiver made in advance of a right to divide property that has not yet taken concrete form, before the marriage is dissolved, is not permitted. This should be distinguished from a case in which the parties actually reach a specific agreement on division of property after the divorce.

Case 24

Q. Can I claim a division of property after the divorce?

You may claim a division of property after an uncontested divorce, but according to the cases, the right to claim division of property expires two years after the date of divorce. If the parties cannot reach an agreement, or an agreement is not possible, you may file a claim with the Family Court.

Case 3, Case 5, Case 7

Q. What can I do if my spouse is hiding assets or I do not know where they are held?

You may ask the Family Court to issue an order requiring the other party to disclose their assets by submitting a list of property. If the court finds that the case cannot be resolved adequately based only on that list, you may also request an asset inquiry.

Case 25

Q. Can I claim a division of property when a de facto marriage ends?

Even without a marriage registration, if the relationship is recognized as a de facto marriage—meaning the parties intended to marry and in fact lived together as a married couple—you may claim a division of property jointly acquired when the relationship ends. However, a case discussed here holds that if one de facto spouse dies, the surviving partner is not entitled to claim a division of property.

Case 1, Case 9

Relevant laws

Civil Act, Article 830 (민법 제830조)
Civil Act, Article 839-2 (민법 제839조의2)
Civil Act, Article 843 (민법 제843조)
Civil Act, Article 974 (민법 제974조)
Civil Act, Article 975 (민법 제975조)
Civil Act, Article 1057-2 (민법 제1057조의2)
Family Litigation Act, Article 48-2 (가사소송법 제48조의2)
Family Litigation Act, Article 48-3 (가사소송법 제48조의3)
Family Litigation Act, Article 64(1) (가사소송법 제64조 제1항)
Family Litigation Act, Article 67(1) (가사소송법 제67조 제1항)
Family Litigation Act, Article 68(1)(1) (가사소송법 제68조 제1항 제1호)
Act on Special Cases Concerning the Expedition, etc. of Legal Proceedings, Article 3 (소송촉진 등에 관한 특례법 제3조)
Housing Lease Protection Act (주택임대차보호법)
Commercial Building Lease Protection Act, Articles 2 and 3 (상가건물임대차보호법 제2조, 제3조)
Public Officials Pension Act, Article 46-3 et seq. (공무원연금법 제46조의3 이하)

Watch out for

According to the cases, the right to claim a division of property expires two years after the date of divorce. If you are considering making a claim after divorce, check the deadline.
An agreement on division of property made on the assumption that the parties will divorce by mutual agreement may not take effect if the divorce instead occurs through judicial proceedings. A waiver signed before divorce may also be disallowed as an advance waiver of a right that has not yet taken concrete form.
The mere fact that there are debts does not automatically require the other party to share them. You should determine whether the debts are related to the couple’s shared life or the formation of their jointly owned property; the outcome may vary by case.
According to the cases, default interest on a property-division judgment ordering payment of money in connection with a divorce accrues from the day after the judgment becomes final, and the rate under the Act on Special Cases Concerning the Expedition, etc. of Legal Proceedings may not apply.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).