“I endured abuse and infidelity for 15 years... If my terminally ill common-law husband dies, will I get none of his assets?” [Law, Like This]

[Financial News] A woman who had decided to leave her common-law husband after enduring his verbal and physical abuse and infidelity for 15 years sought advice after learning he had received a terminal prognosis, saying she was worried about what would happen to his assets.

On the 26th, YTN Radio’s “Attorney Jo In-seop’s Counseling Center” featured the story of A, who had decided to leave her common-law husband.
A, who reportedly went abroad on a working holiday in her late 20s, met her current husband while struggling after being scammed in a foreign country. She grew close to him after he gave her considerable help, and they naturally became a couple. He reportedly followed A to South Korea after her visa expired.
“We both needed to find a place to live, so we saved money and started living together. Fifteen years went by,” A said. “We had never officially registered our marriage, but otherwise we were no different from a married couple.”
But their life together was not as smooth as it appeared. A confided, “My husband had a temper, and if even the smallest thing didn’t go his way, he would swear at me or hit me. He was also caught seeing other women several times.”
“One day, it suddenly occurred to me, ‘Why should I devote my youth to this person?’ So I decided to leave,” she said. “We had lived together for 15 years, so there was a lot to sort out. I was looking into legal procedures when I learned that my husband had cancer and had even received a terminal prognosis.”
“No matter how much I disliked and resented him, we had lived together for 15 years. Hearing that he didn’t have long to live brought a rush of conflicting emotions,” she said. “But I can’t just sweep everything under the rug and go back to him. I will definitely leave.”
A claimed, “My husband built up considerable wealth through stock investments. I, too, spent the past 15 years living with him, running the household and contributing in my own way to keeping our home together.”
She sought advice, saying, “So even if we separate, I want to divide fairly the assets we built up together. But I looked into it and heard that in a de facto marriage like ours, where we never registered our marriage, I can’t be a legal heir even if my husband dies. Is that really true?”

Attorney Park I-chan, who reviewed the case, explained, “Even if they maintained a de facto marriage for 15 years, she cannot inherit her husband’s assets simply because he has died. If the person who wrote in believes she can no longer continue the relationship, she can consider filing a lawsuit to dissolve the de facto marriage and resolving the related property issues through legal proceedings.”
He continued, “If the de facto marriage is actually dissolved before the husband’s death, she can claim a division of property. But if he dies while the relationship is still ongoing, thereby ending it, the surviving de facto spouse is generally not recognized as having the right to claim property division.”
Attorney Park advised, “Rather than counting on inheritance, it is important to first consider whether she can end the de facto marriage and claim a division of property while her husband is still alive.” He stressed that she should secure evidence establishing the relationship—such as records showing they lived together, statements from family or acquaintances, and records of who paid living expenses—as well as evidence of her contribution to building her husband’s assets. He added, “If there is evidence related to assault or infidelity, she can also consider whether to seek damages for emotional distress.”
He advised, “Given her husband’s poor health, it would be best to seek legal advice promptly and confirm your rights.”

[email protected] Kim Su-yeon Reporter