“You’re a Stranger Now, Brother-in-Law,” Wife Agrees With Her Younger Brother... Wife Changes After Winning an Apartment Lottery Through a “Sham Divorce” [The Decision to Break Up]

[Financial News] A story has emerged about a man in his 40s who, at his wife’s suggestion, went so far as to stage a divorce to buy a home and won an apartment through the housing lottery, but now faces losing both his assets and his children because his wife keeps putting off remarriage after the win. Legal experts warned that a sham divorce to qualify for a housing lottery is a serious crime that can result in the win being canceled and both spouses facing criminal penalties.
Recently, a video titled “I Got Divorced on Paper and Won an Apartment Lottery” on divorce attorney Yang Na-rae’s YouTube channel featured the story of a man in his early 40s, identified as A, who has two elementary school-aged children.

The biggest goal for A and his wife was to own a home where their family of four could live securely. But with home prices soaring, they gave up on buying an existing home and pinned their hopes on the apartment lottery.
But an unexpected complication arose when A’s father died two years ago. A inherited a share of a small house in the countryside, which made him legally a homeowner. Although the inherited house was not worth much, it became difficult for him to qualify for benefits such as housing lottery points and special allocations available to household heads who do not own a home.
That was when his wife made an unexpected proposal. Her calculation was that if they divorced on paper and she took parental authority and custody of their two children, she could improve her chances of winning the housing lottery as a household head without a home. “We love each other anyway and will keep living together, so what difference does a divorce on paper make?” she said to persuade him. Desperate to own a home, A agreed and went through the legal divorce process.

The sham-divorce plan worked: his wife won the apartment lottery she had dreamed of. They were scheduled to move in two years later, and the couple paid the down payment and other costs with their joint savings, as well as a lump sum A had raised by taking an interim settlement of his retirement pay from work.
But the joy of winning the apartment lottery was short-lived. After the paperwork and other related procedures were completed, A suggested that they register their marriage again. His wife began putting off remarriage, saying, “There’s no problem if we don’t do it right away, is there?” When A pressed her repeatedly, she finally backed away, saying, “It’s a hassle. Let’s just register our marriage again later, when we move in two years from now.”
A’s anxiety peaked the day he visited his in-laws. With the family gathered, his wife’s younger brother made a pointed joke to A: “Come to think of it, you’re legally a stranger now, brother-in-law. You’re not even my brother-in-law anymore.” A expected his wife to immediately take his side, saying, “What are you talking about? We’re going to register our marriage again.” Instead, she casually agreed: “Well, that’s true.”
Shocked, A said, “We put in all the money we saved together, plus my retirement pay. If my wife refuses to remarry and tells me, ‘The house is in my name, so get out,’ do I have no choice but to be kicked out?” He added, “I’m at a loss about whether I can also regain parental authority and custody of the children, which I transferred to my wife when we got the sham divorce.”

After hearing the story, attorney Yang Na-rae first strongly warned of the legal risks of fraudulently entering the housing lottery through a sham divorce. “Under the Housing Act, anyone who uses false or fraudulent means to win a housing lottery can have their eligibility revoked and face criminal penalties,” Yang said. She pointed out, “If they filed for divorce but continued living together and maintained a common-law marriage, getting a sham divorce solely to seek benefits available to people without homes is a clear violation of the Housing Act.”
She added that not only the wife, whose name is on the title, but also A, the husband who knew about the crime and conspired in it, could be punished as a co-perpetrator.
However, she said that if the wife genuinely changes her mind and tries to throw him out, he may be able to contest the rights to the money invested in the apartment. Yang explained, “Even if they divorced on paper, if they actually lived together and maintained a common-law marriage, a claim for division of property can be made based on when that relationship breaks down.” She added, “There is clear evidence that the couple’s joint assets and the money from the interim settlement of the husband’s retirement pay went toward the apartment down payment and other costs. If he can prove his financial contribution, he may be able to claim rights even to assets acquired after the divorce and registered solely in his wife’s name.”
On the issue of parental authority and custody, she advised, “You can petition the family court for a ruling to change who holds parental authority and custody.” However, she cautioned, “Rights do not automatically return simply by filing an application, even if the divorce was a sham. The court will separately examine and decide which parent currently offers a more suitable environment for raising the children.”
[email protected] Moon Young-jin Reporter