Photo not related to article. [123RF]
Photo not related to article. [123RF]

A woman who endured 15 years of verbal abuse, assault and infidelity in a common-law marriage has decided to leave her partner — only to discover he has received a terminal diagnosis. The man had accumulated considerable wealth through stock investments, and she now wants to know whether she is entitled to a share of that property.

The woman's story, identified only as A, was featured Monday on YTN Radio's legal advice program "Cho In-seop's Counseling Center," where she described the property division dilemma she faces as she tries to end the relationship.

A had worked at a small and medium-sized enterprise after graduating from college before leaving for a working holiday in her late twenties. Struggling to adjust to life abroad and having fallen victim to a scam, she found help from the man who would become her partner.

The two naturally became a couple, and after returning to South Korea they moved in together to save on housing costs. Fifteen years passed.

"We moved to bigger places several times over the years," A said. "Except for the official marriage registration, we were no different from a married couple."

But according to A, her partner had a volatile temper and would hurl insults or strike her whenever things did not go his way. He was also caught seeing other women on multiple occasions.

"One day it suddenly hit me — why am I giving my youth to this person?" she said, adding that she ultimately made up her mind to leave.

While looking into the legal process for separation and property division, however, she learned that her partner had been diagnosed with cancer and subsequently given a terminal prognosis.

"No matter how much I resent him, we lived together for 15 years — hearing that he does not have long left stirred up all kinds of feelings," she said.

Even so, she was firm. "I cannot go back to him. I will definitely leave," she said.

The central issue was the assets the two had built up over their 15 years together.

Her partner had amassed significant wealth through stock investments. A said she wanted a fair share of that property, given her long contribution to running the household and maintaining their life together — regardless of whether they formally separated before his death.

What worried her, however, was the absence of an official marriage registration.

"I heard that in a common-law relationship without a registered marriage, you cannot become a legal heir even if your partner dies," she said, asking for legal guidance.

Attorney Park I-chan said that as a general rule, a common-law spouse does not qualify as a legal heir. "Once the husband passes away, it becomes very difficult to file a claim for property division," Park said.

Park advised A to act quickly. "You need to secure evidence proving the common-law relationship and your contribution to building the assets, and promptly review your legal options," he said.


yeonjoo7@heraldcorp.com