On the 5th the Chosun Ilbo highlighted that de facto couples who do not register their marriage cannot inherit from each other when one partner dies. Under the general principles of Korean civil law, inheritance rights belong only to legally married spouses, so de facto partners must rely on other arrangements.
The Chosun Ilbo ran a legal article on the 5th titled ‘De facto couples cannot inherit on death unless they register their marriage’. We could not read the article's full text, so what follows is based on the issue its headline points to, the general principles of Korean civil law and government legal information.
광고 문의 · 300×250Under the Civil Act, the spouse who counts as an heir is the legal spouse whose marriage has been registered. Even after many years of living together as a couple, a partner without registration generally cannot be an heir. When a legal spouse inherits alongside children and other descendants, the statutory share is calculated at 1.5 times, but a de facto partner has no such share.
What can be relied on besides inheritance
According to the government's everyday-law information service, a de facto partner who can prove the relationship can still receive survivor pensions such as the National Pension, which is a separate system from inheritance. If the deceased has no heirs at all, the partner can ask the court, as a ‘person with special connection’, to distribute all or part of the estate, and must do so within two months after the heir-search public notice period ends.
The most practical approach is to plan ahead. A will drawn up in the form the law requires can leave property to a de facto partner, and gifts during one's lifetime are another route. However, children and other holders of forced shares can claim back the part that infringes their share, and gifts raise tax questions.
Registration may be the simplest answer
Housing is another concern. The Housing Lease Protection Act provides that when a tenant dies and there is no heir or the heirs do not live there, a de facto partner who lived with the tenant takes over the lease. That protects the tenancy only and is different from inheriting ownership of a home.
If a de facto relationship ends by separation during life, a claim for division of property is possible, but legal experts say it is hard to bring one when the relationship ends by a partner's death. To secure inheritance rights, registering the marriage is the simplest route, and where that is difficult, couples should consult a lawyer or other professional about wills and gifts. Conclusions in individual cases can vary with the facts.
