Jointly Owned Apartment Also Used as Collateral for Loan
"Debt from Investment Failure Should Also Be Subject to Division," Claim

A woman who demanded a divorce from her husband after he secretly made reckless investments and incurred a debt of 200 million won received the response, "You should take responsibility for half of the debt."


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On the 10th, YTN Radio's 'Attorney Jo In-seop's Counseling Center' revealed the story of Mr. A, who said he was a newlywed couple married for one year.


According to the story, before marriage, Mr. A was looking into a jeonse loan to prepare their newlywed home when he found out that her husband had about 20 million won in debt. The husband told Mr. A, "I took out a loan to invest in stocks but failed, which caused the debt," and Mr. A proceeded with the marriage after her husband promised never to invest in stocks again. The couple's income was also managed entirely by Mr. A.


However, one day, Mr. A's husband confessed, "I made a big mistake," revealing that he had incurred a debt of 200 million won after making a small investment in cryptocurrency. To recover the money, the husband had already taken loans alternately from first-tier and second-tier financial institutions, and when no more loans were available from financial institutions, he took additional loans from private lenders using their jointly owned apartment as collateral.


Mr. A then asked her husband for a divorce, but he insisted, "Debt incurred from investment failure is also subject to property division," and demanded, "You should take responsibility for half of the debt."


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Attorney Ryu Hyun-joo, who heard the story, first explained whether the fact that Mr. A's husband incurred a large debt from coin investment constitutes grounds for divorce.


Attorney Ryu said, "Simply failing in an investment is rarely grounds for divorce," but added, "However, if a spouse repeatedly incurs debt for investments without the other's knowledge and the amount reaches hundreds of millions of won, this constitutes a breach of trust between the couple and an act that ruins the family finances, which can be grounds for divorce."


Regarding the husband's claim that "debt is also subject to property division," Attorney Ryu rebutted, saying, "Only active or passive assets formed in connection with the marital life during the couple's joint living are subject to property division," and "The petitioner does not need to share responsibility."


Even if the loan was taken out for investment, if it was obtained with mutual consent, it is included in the property division. However, since Mr. A opposed but her husband secretly took out large loans and borrowed from private lenders, it is difficult to consider this as passive assets formed in connection with the marital life.



Finally, regarding the jointly owned apartment held by Mr. A and her husband, Attorney Ryu said, "If there is an agreement to assign the jointly owned real estate to one party, it is best to transfer the share and settle the property division amount owed to me in cash."


This content was produced with the assistance of AI translation services.

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