"I Forgave My Husband's Affair... But He Changed the Apartment Ownership to His Ex-Wife's Child"

Pretending to Seek Forgiveness After Affair Exposed
Apartment Transferred to Ex-Wife's Child's Name
"Possible to Request Cancellation of Fraudulent Act and Restoration"

This is a reference photo to aid understanding of the article and is unrelated to the main text. [Photo by Getty Images]

Experts have stated that if a divorce intention has been communicated, the right to property division against the spouse is recognized, meaning that "even if assets were hidden just before the divorce, they are still included in the property subject to division, so it is ineffective."

On the 7th, YTN Radio's "Attorney Jo Inseop's Counseling Room" introduced the story of Ms. A, who could not forgive her husband who, after being caught cheating and receiving a "divorce notice," changed the ownership of an apartment to the name of their child from his previous marriage.

Ms. A's ex-husband passed away in a traffic accident. Her current husband had also experienced the loss of a spouse, and the two, having shared similar pain, remarried each other. Living expenses were covered by the husband's veterans' benefits received due to a back injury sustained during his military service.

However, Ms. A recently discovered her husband's infidelity. Feeling betrayed, she immediately expressed her intention to divorce, but her husband apologized, saying he did not want a divorce. Ms. A believed his apology was sincere and was conflicted.

Yet, Ms. A was shocked again. Pretending to seek forgiveness, her husband changed the ownership of his only property, the apartment, to their child's name in preparation for the divorce. Ms. A said, "I feel an immense sense of betrayal and shock and am planning to file for divorce," and asked for advice, wondering if there was a way to restore the ownership of the already transferred real estate and whether she could receive a portion of her husband's substantial veterans' benefits.

"If the apartment ownership was transferred despite knowing the right to claim property division, cancellation of fraudulent acts and restoration is possible"

Reference photo to aid understanding of the article. [Photo source=Pixabay]

Attorney Shin Jinhee (Shinsegae Law Firm) explained, "If the husband transferred the apartment ownership knowing Ms. A's right to claim property division, she can file a petition for cancellation of fraudulent acts and restoration at the family court," adding, "A lawsuit to cancel the fraudulent act must be filed within 5 years from the date of ownership transfer or within 1 year from the date the fact was discovered." She continued, "Since Ms. A recently became aware of the ownership change, there is no issue with the lawsuit deadline. The husband disposed of the real estate after Ms. A expressed her intention to divorce, which is considered an act to evade property division, so there is no problem regarding property rights."

Regarding whether the husband's veterans' benefits are subject to property division, she said, "According to the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State, compensation received by the husband for injuries sustained in the military before marrying Ms. A is prohibited from transfer, seizure, or collateral provision," and added, "Since it is his exclusive property, it would be difficult for Ms. A to receive a portion."