[Chatting] I made a coin debt without my husband's knowledge. A big loss..."Can I get divorced?"

□ Broadcast date and time: November 15, 2024 (Fri)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Park Kyung-nae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you, Jo Min-so, with lawyer Park Kyung-nae. Hello?

◆ Park Kyung-nae: Hello, I'm Park Kyung-nae's lawyer at Shinsegae Law Firm.

◇ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

□ Correspondent: We are a working couple and have no children. So I have a lot of money saved together after getting married. My husband owns an apartment that he inherited because his parents died before his marriage. In my case, my parents with bad credit once bought an apartment in my name. I didn't tell my husband about this. After a while, my parents wanted to go down to the country and give the apartment to my married brother, saying they wanted to live there. However, my brother said that the apartment would not live far from his job. My family sold the apartment after the meeting. My parents gave me 100 million won, saying they had been struggling, and I added the rest to my younger brother's rent. That's how I got 100 million won, so I invested in coins. I also made a living out of it. However, thanks to the coin fire, I made a short profit, but I ended up losing a lot. I wanted to recover the loss quickly, so I borrowed 30 million won and invested more in coins. My husband didn't know the inside story at all, but he happened to find out about my loan. In the process of investigating what happened, I learned about the post-war situation of 100 million won. My husband said he could no longer trust me for hiding 100 million won and hiding what he owed, and that we should break up. I don't want to break up with my husband. The husband insists that his parents' apartment is subject to property division, but there is no way to feel disappointed. What will happen to me?

◇ Cho In-seop: There seem to be quite a few assumptions that stock or coin investments went wrong and ended up breaking down. You've met a lot of lawyers, right?

◆ Park Kyung-nae :

◇ If you look at the story... Your parents bought the apartment in your name and later sold it. And how much money did you give to the sender, and is it a reason for divorce to deceive your spouse that you received the money?

◆ Park Kyung-nae: In principle, pre-marriage cannot be considered a reason for divorce. However, if the cooking obligation that should have been informed in advance is recognized, it may be a reason for divorce or cancellation of marriage. I don't think the fact that parents are buying apartments in their children's names before marriage is a reason for divorce by itself. Failure to let your husband know that you were receiving the money would hardly be a reason for divorce in itself.

◇ Cho In-seop: So, if you invest 30 million won without your spouse's knowledge and you owe it, would it be a reason for divorce?

◆ Park Kyung-nae: As explained above, I don't think it is a reason for divorce by itself, but the loss of trust by the spouse due to his inability to be honest about his or her property status could be an exceptional reason for divorce under Article 840 No. 6 of the Civil Code. However, if you are a dual-income couple and you have considerable assets in the future, if you are not in trouble with your livelihood immediately due to a debt of 30 million won, it is difficult to say that the fact alone establishes a reason for divorce. However, it is true that you did something wrong to your spouse, so please spare no effort to restore the marriage relationship. This could lead to a divorce if the marital relationship deteriorates and the marriage breakdown continues for a long time.

◇ Jo In-seop: Can you and your husband claim property division for each other's apartment?

◆ Park Kyung-nae: The name trust of the apartment by your parents is not recognized under civil law, but they sold it shortly after they got married, so they added 100 million won to their younger brother as a deposit and donated it to you, so the money can be regarded as marital joint property. Since the two of you have contributed to the maintenance, formation, and prevention of reduction of each other's property while working together, you can also claim your contribution to the apartment your spouse inherited. However, in terms of contribution, it is expected that the spouse's contribution will be recognized higher considering that the spouse inherited the property before marriage.

◇ Cho In-seop: He said he invested in coins and helped to make a living with the proceeds. But the situation got worse and you took out a loan, will the loan also go into the property division?

◆ Park Kyung-nae :

◇ Jo In-seop: Now, to summarize what we've done so far... It's hard to see a divorce as a reason for your spouse to deceive your parents that they bought an apartment and sold it in their children's name before marriage. Being in debt of 30 million won without your spouse's knowledge is not a reason for divorce in itself, but if you have lost trust, it can be an exceptional reason for divorce. The 100 million you received from your parents after your marriage can be viewed as marital co-property, and you can claim your contribution to the apartment your husband inherited. So far, I've been with lawyer Park Kyung-nae.

◆ Park Kyung-nae: Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.