Family Law Center · Guides by situation

When You First See a Division Agreement Bearing Your Seal

If registration was transferred or deposits were withdrawn using an agreement on division of the estate that you never agreed to, that agreement was not made by all the heirs, so its validity can be challenged. Secure the documents before the evidence scatters.

What to Do Right Now

First, find out when and how your registered seal was used. The division agreement and certificate of seal impression submitted to the registry office or bank are the most important evidence.

  • Obtain the registry record and check the date of the inheritance registration, the cause of registration and who received the property
  • Check the issuance history of your certificate of seal impression (인감증명서) at the community service center (주민센터, your local district office), and report a change of seal if needed
  • Ask the registry office whether you can inspect or get copies of the registration application documents
  • Write down whether you ever entrusted your registered seal or certificate to anyone, and what they said it would be used for

An Agreement Is Valid Only If All the Heirs Make It

An agreement on division of the estate (상속재산분할) requires every heir to take part, and if even one did not genuinely consent, the agreement has no effect. A registration made using that agreement has no valid cause, at least to the extent of your share, and you can claim its cancellation or a transfer of your share.

If you entrusted your seal after being told it was for another purpose and it was then used on the agreement, the matter is a little more complicated. What you entrusted and how far you authorized its use become the issues, so find the text messages or call records from that time.

If, after learning of the agreement, you say you will leave it as it is, or receive a settlement payment under it, it may become hard to argue later that it is invalid. Once you discover the problem, make it clear in writing, for example by certified mail with proof of contents (내용증명), that you do not consent.

Before More Property Changes Hands

If the other side sells or mortgages the real estate they received, a third party becomes involved and recovery becomes difficult. It is usual to apply for a provisional injunction prohibiting disposal of the real estate before filing a lawsuit.

If deposits were withdrawn, check the division agreement submitted to the bank and the payment records. Then, on the basis that the agreement is invalid, request a new division of the estate or claim back the money corresponding to your share.

If the other side has already sold the house to a third party, recovering it takes longer and involves more parties. Depending on the situation, claiming the money for your share from the other side, rather than reversing the registration, may be more realistic.

What Not to Do

  • Going to the other side's home and fighting to make them hand over documents
  • Posting in the family group chat that it was forged before you have checked
  • Continuing to leave your registered seal and certificate of seal impression with someone else

How a Criminal Complaint Works

Making a division agreement with someone else's registered seal amounts to forgery and use of a private document and misuse of a seal, and using that document for registration also raises false entry in an authenticated original document and its use. The family exception does not apply to these document crimes, so an investigation proceeds even against a sibling.

The complaint is filed with the police, and from October 2, 2026, after the police investigation, a prosecutor at the Public Prosecution Service (공소청) decides whether to indict. Separately from the criminal case, the registration and the money must be recovered through civil proceedings, so decide the order of the two together.

How Jisan Law Can Help

Jisan Law checks the registry record, the seal certificate issuance history and the registration application documents to determine first whether it was a forgery or a use beyond what you entrusted. We pursue the provisional injunction and cancellation of the registration or an adjudication on division of the estate, and if a complaint is needed, we prepare and submit the complaint and evidence and attend the complainant's questioning with you. If the other side shows signs of disposing of the property, let us know first through our 24-hour line.

Not sure how to handle this on your own?

Tell us in the chat what is happening. Our staff replies first and passes your case to the lawyer in charge, who will tell you the next step.

Frequently asked questions

This happened several years ago. Can I still challenge it?

If the agreement is invalid, a claim to cancel the registration can often be made even after a long time. However, it may be disputed whether the time limits for a claim to recover an inheritance (3 years from learning of the infringement, 10 years from the infringing act) apply on the basis that the other side infringed your inheritance rights, so start by examining the dates.

I was the one who entrusted my seal to my brother. Can it still be forgery?

If it was used beyond the purpose for which you entrusted it, it can be forgery or misuse of a seal. However, the other side will argue that you allowed it to be used on the agreement, so the key points are what was said when you entrusted it and whether you knew the content of the agreement afterwards.

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