Background
Our client married in 1995 and has three children. The couple separated in May 2018. In May 2024, she filed for divorce and division of property.
Most of the marital assets consisted of a multi-unit house in Seoul that the husband received as a gift from his father in 1997; its rent supported the family. The husband argued that it was his separate property and could not be divided.
What Was at Stake
The husband argued that (1) the house was separate property, (2) the proceeds from selling three officetel units in his name belonged to his father, who had merely used his name, and (3) values should be fixed as of the separation date.
How Changchun Helped
The court accepted the following arguments on our client's side:
Separate property is divisible when the other spouse helped preserve or increase it. Given a marriage of about 22 years, the client's steady income, her childcare role and her management of the house, the court included it and reflected its gifted origin only in the ratio.
The nominee claim lacked evidence. About KRW 398 million in officetel sale proceeds was treated as the husband's property.
Values are set near the close of hearings. The house was included at its appraised value of about KRW 2.36 billion.
Outcome
In January 2026, the first-instance family court granted the divorce and set our client's share at 45%. Taking 45% of combined net assets of about KRW 2,311.8 million gave about KRW 1,040.31 million; subtracting her own net assets of about KRW 345.03 million left about KRW 695.29 million. The court ordered the husband to pay KRW 695 million, part of the approximately KRW 1,137.67 million claimed.
Both sides appealed. In September 2026, the appellate court dismissed both appeals and upheld the judgment.
Property received from a spouse's parents can still be divided if both spouses maintained it over a long marriage. (Outcomes depend on the facts of each case.)