“Husband who was abusive and unfaithful for 15 years is terminally ill” ... A woman in a 15-year common-law relationship seeks advice [What Do You Think?]

[Financial News] A woman who was about to leave her common-law husband after 15 years of living together, during which he repeatedly abused her and was unfaithful, learned that he had been diagnosed with terminal cancer. She sought legal advice on whether she could divide the assets they had built together while still following through with the separation.
According to YTN (Yonhap Television News) Radio’s “Attorney Jo In-seop’s Counseling Center,” on the 26th, A, who wrote in to the program, went overseas on a working holiday in her late 20s after graduating from college and working at a small or midsize company.
The person who helped A when she was in a difficult situation after being scammed while abroad was the man who is now her common-law husband. The two grew close through this and became a couple.
When A’s visa expired, her husband followed her to South Korea. The two began living together to save on living expenses and put money aside, and spent 15 years together without registering their marriage. They traveled with their families and lived like a married couple in the eyes of those around them.
But the relationship deteriorated as her husband repeatedly verbally abused and assaulted her and was unfaithful. A said he cursed at her and hit her, and that she had found out several times that he was seeing other women. In the end, she decided to end the relationship, thinking, “Why should I devote my youth to this man?”
While looking into the legal steps for separating, she encountered an unexpected development: she learned that her husband had not only been diagnosed with cancer but had also been given a terminal prognosis.
After learning about her husband’s health, A said, “No matter how much I hate him, we lived together for 15 years. Hearing that he doesn’t have much time left left me with mixed feelings. Even so, I’m determined to leave him.” She said her decision to separate had not changed.
A wanted to know whether she could receive a share of the assets even though they were in a common-law relationship. She asked, “My husband accumulated considerable assets through stock investments. I also contributed by managing the household and maintaining our family. Even if we separate, I want us to divide fairly the assets we built together. I’m wondering whether that’s possible in a common-law relationship.”
Attorney Park I-chan explained that, unlike a legally married spouse, a common-law spouse is not recognized as having inheritance rights. He said, “Even if common-law spouses have lived together for a long time and are recognized as a married couple by those around them, they cannot become legal heirs.”
He added that a person may receive assets if there is a separate legal basis, such as a will or being designated as the beneficiary of an insurance policy. Attorney Park said, “However, if the husband leaves assets to her in a will made during his lifetime, designates her as an insurance beneficiary, or there are other such circumstances, she may be entitled to those assets. If the husband has no legal heirs, she could consider whether she can seek distribution of the estate as a person with a special relationship to him.”
He also explained that no separate divorce registration is required to end a common-law relationship. Attorney Park said, “Because a common-law relationship is not registered as a marriage, there is no need to file for divorce. It can be ended by agreement between the parties or by one party expressing their intention to do so,” adding, “The property issue can be resolved through a lawsuit seeking division of assets after the common-law relationship ends.”
He stressed that whether a claim for division of assets can be made depends on when the common-law relationship ends. Attorney Park said, “If the common-law relationship ends before the husband dies, a claim for division of assets can be made. But if the husband dies while the relationship is still ongoing, she cannot claim a division of assets as his spouse.”
He went on to explain that A would first need evidence establishing the common-law relationship to make a claim for division of assets. Attorney Park said, “A should gather evidence showing that she maintained a common-law relationship for 15 years. Records showing that they lived together, statements from family and acquaintances, and records of who paid living expenses could all help.”
He advised her to also prepare evidence showing how much she contributed to building up the assets. Attorney Park stressed, “She should organize records of her husband’s assets as well as evidence of her contributions to building them up. If she has evidence of assault or infidelity, she could also consider seeking compensation for emotional distress. Given her husband’s poor health, it is important to look into legal proceedings promptly.”
[email protected] Han Seung-gon Reporter