Property Division Claims After Divorce

The 2 years is not a statute of limitations but an exclusion period (제척기간), so it is not paused or extended just because you made a demand to the other spouse. It is met only if a mediation application or petition for a ruling is filed with the family court within the period.

The reference 'date of divorce' is the day the divorce was reported for a divorce by agreement, or the day the judgment became final for a judicial divorce. Check the date on your detailed marriage relationship certificate (혼인관계증명서 상세), and if the deadline is near, it is safer to file first even if you have not gathered all the material.

In a decision of June 22, 2018 (2018스18), the Supreme Court held that if only some assets were claimed within the 2 years, the right to claim the remaining assets disappears once the period passes. If assets that were not dealt with at all in the proceedings are newly discovered after the decision becomes final, an additional claim is possible, but that additional claim must also be made within 2 years of the date of divorce.

So when you first file the property division (재산분할) claim, list every asset you know of, and it is a good idea to state that you will expand the claim for assets still being checked depending on the results of the asset inquiry.

A clause such as 'neither party will make any claim regarding property in the future' does not block a claim in every case. Its effect may be judged differently depending on whether it was a pledge written before the divorce took effect that simply waived the right in advance, or an agreement that settled accounts after reviewing all the assets.

Organizing the date it was written, the list of assets you knew of at the time, and how you came to sign it can be used to challenge its validity.

If the other spouse is trying to sell the home or is moving deposits, apply for provisional attachment (가압류) or an injunction against disposal (처분금지가처분) together with the claim (Family Litigation Act Article 63). If you do not know exactly what the other spouse owns, you can apply for an asset disclosure order (재산명시) and asset inquiry (재산조회) to obtain records from financial institutions and public agencies (Articles 48-2 and 48-3 of the same Act).

If the assets have already been transferred to someone else's name, we also consider a lawsuit to revoke that disposal. This lawsuit must be filed within 1 year of learning the grounds for revocation and within 5 years of the disposal (Civil Act Articles 839-3(2) and 406(2)).