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A man who had an extramarital affair is now claiming ownership of a commercial building that his wife's father purchased and registered in the husband's name as a nominal title arrangement — a claim that surfaced only after the wife filed for divorce.

The case was featured Wednesday on YTN Radio's legal advice program "Jo In-seop's Consultation."

The woman, identified only as A, became pregnant just as her husband landed his first job, and the two married quickly with no savings of their own. A's father, who had long been in the real estate rental business, covered all the costs — the wedding, household furnishings and the jeonse deposit on the couple's apartment.

About five years into the marriage, A's father bought a commercial building and asked whether he could register it in the husband's name for tax purposes. Under the arrangement, the father paid the full purchase price, acquisition tax and registration fees, and took charge of signing lease agreements and managing tenants.

"My husband had received so much help from my father that he readily agreed, and he didn't have to worry about anything," A said.

A then discovered that her husband was having an affair with a coworker and immediately filed for divorce.

That is when a dispute arose over the division of assets.

A had assumed her father would simply get the building back upon divorce, but her husband abruptly claimed it as his own.

The husband had told people around him for years that the building belonged to his father-in-law, but he suddenly changed his position.

He argued that he was the registered owner and that there was no evidence the title had merely been lent to him — insisting the building had been gifted to him by his father-in-law.

"My father was betrayed by his son-in-law, and now he stands to lose his property on top of that," A said, asking what could be done.

Attorney Bae Su-ji of law firm Shinsegae said A's father could pursue a claim of "myeonguisintak" — a nominal title trust — arguing that the true owner is not the registered titleholder. "Courts look at who paid for the property, who holds the title deed, and who paid the taxes," Bae said. "If it is clear that the father paid the full purchase price and taxes, handled all management duties, and the son-in-law only lent his name, a nominal title trust can be recognized."

Bae also said the building would likely be excluded from the couple's marital asset division in that scenario.

"If the nominal title trust is recognized, the father is the true owner, so the building is not marital property and would be excluded from asset division altogether," Bae said. "If the court instead accepts the husband's claim that it was a gift, it could become subject to division — but the short length of the marriage and the husband's minimal contribution to maintaining or increasing the value of the asset would be taken into account."


yeonjoo7@heraldcorp.com