A Woman Living with Her Estranged Father Demands "Half of the Property"... Family Hit by a Sudden Shock

In a State of Separation of Marriage but Still Bearing Most Obligations
"Court Does Not Protect Polygamous De Facto Marriages"

A story has been shared about a father who left his wife and children and lived with his mistress for over 10 years, with the mistress claiming to be his 'common-law spouse' and demanding a share of his assets.

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On the 14th, YTN Radio's "Attorney Jo In-seop's Counseling Center" introduced a story from son A, who asked whether the claim for property division made by his father's mistress was legitimate. A's father, Mr. B, grew up in poverty but became a self-made CEO of a mid-sized company. A's mother raised three children while supporting Mr. B. The two were legally married for 40 years.

The problem arose when eldest son A was about to graduate from university, and Mr. B suddenly left home. It turned out that he had established a separate household with a young woman. Mr. B asked A's mother not to divorce but to live separately, requesting a 'separation marriage' (jolhon). Because of this, the mother and children went through a difficult time feeling betrayed. Although Mr. B was in a separation marriage with A's mother, he tried to fulfill his role as the head of the family toward A and the others. He supported living expenses, university tuition, and wedding funds. When A got married, Mr. B sat in the host seat and occasionally spent time dining out with his grandchildren.

However, recently, an unexpected event occurred for A. His father's mistress filed a 'property division lawsuit following the dissolution of a common-law marriage.' The mistress claimed to have lived with Mr. B as a common-law spouse for over 10 years and demanded 50% of his assets. A said, "The reason my mother tolerated my father's long-term affair was that he financially supported the family, and she believed that my father's assets would eventually be fairly distributed among the three siblings." He added, "My mother fell ill, saying she could never watch the mistress take my father's assets. How should we handle this?"

Photo for illustrative purposes only and unrelated to the content of the article

In response to this story, Attorney Ryu Hyun-ju of Shinsegye Law Firm explained, "Property division is the right to demand settlement of jointly acquired marital property upon the termination of a marriage." He added, "To claim property division, there must be a premise of 'marital life' and 'property acquired during the marriage.'" He further explained, "A common-law spouse can also claim property division if the common-law relationship is dissolved or broken. If the mistress lived with Mr. B at the same address for over 10 years, lived as an economic community, and interacted with both families and siblings, there is a possibility that it qualifies as a common-law marriage."

However, he noted, "The court takes the position that if there is a legal spouse, it cannot legally protect the common-law marriage." He explained, "'Bigamous common-law marriage' is not protected under our legal system, which adopts monogamy and prohibits bigamy. Therefore, claims for damages or property division following the dissolution of such a common-law marriage are not allowed." Nevertheless, he added, "If there are special circumstances, such as the legal marriage being effectively in a state of divorce or both parties agreeing to divorce but only failing to file the divorce registration formally, even bigamous common-law marriages may receive protection equivalent to legal marriage."

In this case, since the mother never expressed a desire to divorce Mr. B, and Mr. B financially supported the family and occasionally interacted with the children, it is difficult to view A's parents as being effectively divorced. Therefore, the mistress is in a 'bigamous common-law marriage' state that does not receive legal protection, making it highly likely that her claim for property division will be rejected.