Family Law
1. The Client's Crisis
The client had been a full-time homemaker for 25 years, devoted to housework and caring for her in-laws' household. After learning that her spouse had repeatedly engaged in infidelity over a long period, she endured it several times, but ultimately determined that the marital relationship could no longer be maintained. She initially attempted an amicable divorce, but during that process the spouse showed an uncooperative attitude toward property division and failed to properly disclose assets; signs were detected that some assets had been concealed or transferred into the name of the woman with whom he had an affair. The client, convinced that she could not receive her fair share this way, came to Law Firm Jeonjae.
2. Key Issues
First, because the spouse had concealed assets and transferred some into a third party's name, it was difficult even to accurately identify the assets, which is the premise for property division. Second, the issue arose whether assets already disposed of in a third party's name could be included again in the division target. Third, because the client was a full-time homemaker with no direct employment record, the key question was how highly the court would recognize her contribution of 25 years of housework and support.
3. Jeonjae's Strategy
Attorney Yoon Jisang, Managing Partner (former presiding judge of the Family Court), first filed a petition for an order to submit financial transaction information along with the divorce lawsuit in order to determine the full extent of the spouse's assets. Through this, it was possible to trace the flow of financial assets in the spouse's name and identify the location of concealed assets.
For assets already transferred into the name of the affair partner, we asserted that they constituted fraudulent conveyances that harmed the right to claim property division and exercised the creditor's revocation right (cancellation of fraudulent acts). At the same time, we filed for provisional injunctions and attachments on assets whose whereabouts had been identified, blocking any further disposition.
After asset identification was completed, we specifically organized and presented to the court the client's contributions over 25 years to the formation and maintenance of the joint property through housework, childrearing, and caring for her in-laws' household.
4. Result and Recovery
The court recognized the client's contribution and accepted a 50% property division ratio for the jointly owned assets worth 1.5 billion KRW. Even without direct income-generating activities as a full-time homemaker, her 25 years of dedication were evaluated as an equal contribution to the formation of the assets. The client was able to secure her rightful share and start a new life with a stable economic foundation.
Lead Attorney: Yoon Jisang, Managing Partner (former presiding judge of the Family Court, handled numerous family and inheritance property division cases)
To protect confidentiality, this case has been partially anonymized to the extent that does not compromise the essence of the matter
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