South Korea

How do you distinguish marital property from separate?

Art. 830-2
Civil Act article
Joint effort
Basis for marital property
Pre-marital
Separate property trigger
Inheritance
Always separate
The Short Answer

In South Korea, marital property includes assets acquired during marriage through joint effort or income, while separate property includes pre-marital assets, inheritances, and gifts designated solely to one spouse.

What the Law Says

South Korean law defines marital and separate property under the Civil Act. The distinction affects division upon divorce or death.

Marital property (also called 'joint property') generally consists of assets acquired by either spouse during the marriage through their joint effort or from income earned during the marriage.

Separate property includes assets owned before marriage, inheritances received by one spouse, and gifts given exclusively to one spouse — regardless of when they were received.

The law presumes assets acquired during marriage are marital unless proven otherwise by clear evidence that they fall under separate property categories.

Statutory Text

Assets acquired by a spouse during the marriage through his or her own effort or from income derived therefrom shall be deemed joint property.

— Civil Act, Art. 830-2 — Joint Property
Statutory Text

Assets owned by a spouse before marriage, and assets acquired by a spouse during the marriage by inheritance or gift shall be deemed the separate property of that spouse.

— Civil Act, Art. 830-2 — Separate Property

What to Do

1

Gather documentation (e.g., deeds, bank statements, wills, gift letters) proving when and how each asset was acquired.

2

For inheritances or gifts, retain written evidence showing they were intended for one spouse only.

3

If disputing classification during divorce or inheritance proceedings, file a claim with supporting evidence in family court.

4

Consult a licensed Korean attorney to trace asset origins and apply Art. 830-2 correctly.

Sources

statuteCivil Act, Art. 830-2 — Joint PropertystatuteCivil Act, Art. 830-2 — Separate Property

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.