Is property division possible in a de facto marriage?

What the Law Says

South Korean law recognizes property division rights for parties in a de facto marriage through a specific statute enacted for this purpose.

A de facto marriage in South Korea is defined as a relationship where a man and a woman live together as if married — without formal marriage registration — but with mutual intent to maintain a marital-like life, including cohabitation, shared household, and public recognition as a couple.

The Act on the Settlement of Property Relations between Parties to a De Facto Marriage (Act No. 12047) provides a legal framework for dividing property acquired during such relationships. It applies only to de facto marriages that ended after the Act’s enforcement on March 23, 2013.

Under this law, either party may petition for division of property jointly acquired during the de facto marriage. The court considers contributions — financial and non-financial (e.g., caregiving, homemaking) — when determining fair division.

A claim must be filed within three years from the date the de facto marriage ends (e.g., separation or death of a party). Claims filed after this period are barred by limitation.

Statutory Text

A de facto marriage means a relationship in which a man and a woman live together as husband and wife without being legally married, having the mutual intention to maintain a marital life, cohabiting, sharing a household, and being recognized by others as a married couple.

— Act on the Settlement of Property Relations between Parties to a De Facto Marriage, Art. 2 — Definition of de facto marriage

Statutory Text

Either party to a de facto marriage may request the court to divide the property jointly acquired during the de facto marriage.

— Act on the Settlement of Property Relations between Parties to a De Facto Marriage, Art. 5 — Right to request division of property

Statutory Text

A claim under this Act shall be filed within three years from the day the de facto marriage ends.

— Act on the Settlement of Property Relations between Parties to a De Facto Marriage, Art. 6 — Limitation period

What to Do

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