[Smiling] 20 years of remarriage without marriage registration... "I want to give property to my ex-wife."

□ Broadcast date and time: November 18, 2024 (Mon)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Soyeon Kim

* 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): Law house for you, <Jo Damso> Kim So-yeon, Soyeon Kim of defense.

◆ Lawyer Soyeon Kim (hereinafter referred to as Soyeon Kim): Hello, I'm lawyer Soyeon Kim of Shinsegae Law Firm.

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

□ I did a lot of strange things in my young days with reckless courage. Marriage is one of them. I recently reported my marriage to my girlfriend, who I met, while drinking during the day, asking me to prove my love. The next day, I ran to the district office as soon as I woke up, but the marriage registration was rejected, saying it could not be canceled. My inevitable marriage began and I tried to live a good life by giving birth to a daughter. But I didn't get along with my wife. My wife hated me, and I regretted every time I registered my marriage because I was drunk. Eventually, they divorced, and my wife went abroad with her daughter. I worked hard to soothe the emptiness of my divorce. Living like that, I had a good relationship and I was late, but I got remarried. Since each of them has children, they did not register their marriage. Instead of a wedding, the family gathered together to eat and exchange rings. It's been nearly 20 years since we've lived together like that. However, recently, I have a problem with my health, so I need to clean up. I want to provide my wife, who has suffered, with some wealth to live. Can my wife receive the property in my name if something bad happens to me all of a sudden? Will my wife sue my ex-wife if she inherits my property? I think my current situation of not being able to listen to my wife's side and my daughter's side is like a fallen leaf.

◇ Cho In-seop: <Attorney Cho In-seop's Counseling Office> A person who had been in a common-law relationship wanted to inherit the inheritance to his wife. It's such a sad story. Has lawyer Soyeon Kim ever consulted someone who has had such a problem with his or her life that he wants to clean up his property?

◆ Soyeon Kim :

◇ Jo In-seop: Can you inherit to your common-law spouse?

◆ Soyeon Kim: It is difficult under our current legislation. Civil law includes spouses in heirs, but this is legally spouses and does not include common-law spouses. Looking at the story, a common-law relationship should have a willingness to marry between the parties and a reality of marriage that objectively recognizes the common-law life from a social perspective, but the common-law relationship with the wife seems to be right. Still, if you don't register your marriage, you can't inherit it. There is also a way to leave a will in advance and give property by will, that is, a bequest.

◇ Cho In-seop: So is it possible to split property in a common-law relationship?

◆ Soyeon Kim: Even if there is no inheritance between common-law spouses, property division is possible. This is because if there is a substance of a couple's living community, even if it is not a legal marriage, the property division regulations can be slightly modified or expanded in a common-law relationship (applied or applied by analogy). However, if the common-law relationship is dissolved during his/her lifetime, it is recognized, but if it ends with death, the right to claim the division of property is not recognized. If you want to divide your property, you need to organize your property relationship in advance. You can give it to me, but you must consider tax issues such as gift tax.

◇ Jo In-seop: Is it possible for a common-law spouse to file a property division lawsuit with his or her children, who are his or her heirs?

◆ Soyeon Kim: It is true that your ex-married child inherits your property as a direct descendant. However, if the common-law marriage was not resolved during your lifetime and ended in death, as I said earlier, the claim for property division is not recognized, so the common-law spouse cannot file a property division lawsuit with the ex-married child. In other words, only when the common-law marriage is resolved during his lifetime, he has the right to claim the division of property and can be inherited or done. There is also a precedent that if you have filed a request for a property division trial while dissolving the factual marriage, the heir can take over the lawsuit and proceed. However, the period should also be noted because the right to claim the division of property due to the dissolution of the common-law relationship expires after two years from the date of dissolution, just like divorce.

◇ Cho In-seop: If you register your marriage now, what is the inheritance rate?

◆ Soyeon Kim :

◇ Jo In-seop: Now, to summarize what we've done so far... In a common-law relationship, it is legally difficult to inherit, and there is a way to give property through a will. It is possible to divide property even in a common-law relationship, but if it ends with death, the right to claim property division is not recognized, so the property relationship must be organized in advance. If the common-law marriage ends in death, the common-law spouse cannot file a property division lawsuit with his ex-married child. So far, I've been with the Soyeon Kim lawyer.

◆ Mr. Soyeon Kim: Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube and the website. If you have any questions or suggestions, please leave a message on the consultation bulletin board on the website.