Ten Years Together But Zero Inheritance for De Facto Spouse

After a de facto spouse of ten years passes away, the survivor often finds out only at the time of registering the death, after handling the funeral, that they have no legal rights. In a de facto marriage, property division at the time of separation is protected similarly to legal marriage, but at inheritance you receive nothing. This article examines the difference between de facto marriage, legal marriage, and cohabitation; the scope of protection in property division and inheritance; and the limits of bigamous de facto marriage, including what those in a de facto relationship should organize in advance.

What exactly is a de facto marriage

Case law organizes the requirements for forming a de facto marriage into two.

• Subjective requirement: agreement of marital intent between the parties.
• Objective requirement: existence of a substance of marital relationship recognized as joint marital life.

The most representative de facto marriage is the case where the couple held a wedding and lives together but has not filed a marriage registration. Beyond that, courts comprehensively examine various circumstances: what the two call each other, whether family and friends recognize them as a couple, whether they are economically integrated, whether they cohabit and share daily life.

De facto marriage, legal marriage, and cohabitation in one table

In consultations, some come thinking they are in a de facto marriage but the objective requirement is lacking and the case is closer to cohabitation; conversely, some perceive their relationship as mere cohabitation but it qualifies as de facto marriage in substance. Because the very possibility of property division turns on this judgment, organizing the facts is the first button.

When a de facto marriage ends, can you receive property division

You can. If de facto marriage is recognized, property division at separation is handled the same way as in legal-marriage divorce. If one side breaks the de facto marriage, the other can claim property division, and in some cases damages.

In my court days, I handled the following case. A woman in her 50s, owner of a multi-unit residential building, cohabited with a man in his 60s for about ten years. The woman argued it was mere cohabitation; the man argued de facto marriage. The court comprehensively evaluated the facts and recognized de facto marriage; the man received property division in the several hundred million won range.

What this case shows is that the simple recognition of de facto marriage alone produces a dramatically different outcome.

When a de facto marriage ends by death, what about inheritance

Inheritance is different. A de facto spouse has no right of inheritance. The Constitutional Court also recently issued a constitutional decision on this point.

So when a de facto spouse dies, all assets in that spouse's name are inherited by their statutory heirs (children, siblings, etc.). Even a home registered in the deceased spouse's name though built up with funds the two saved together, becomes the heirs' property once the registered owner dies.

There are positions where a de facto spouse can be protected

Not all legal protection is withheld from a de facto spouse. Exceptionally, the following rights are recognized.

• Succession of tenant status under the Housing Lease Protection Act: under certain conditions, the de facto spouse may take over the deceased's tenant status.
• Survivors' pensions under the Industrial Accident Compensation Insurance Act, National Pension Act, Public Officials Pension Act, etc.: a de facto spouse may be recognized as a survivor and receive a pension in some cases.
• Survivor compensation under the Labor Standards Act: recognized under certain conditions.
• Allotment to a special person of close relation under the Civil Act: only where the deceased de facto spouse has no heirs at all, the de facto spouse may claim an allotment of part of the property as a special person of close relation.

These protections, however, are recognized very exceptionally; the fact remains that the right of inheritance over the principal assets, real estate, deposits, is not recognized.

Three things a de facto marriage should organize in advance

If you are in a de facto marriage and must contemplate one party sudden absence, advance options include the following.

• Lifetime gift: while alive, transfer part of the assets into the de facto spouse name. The gift-tax burden must also be examined.
• Will (notarized will, etc.): transfer part of the assets to the de facto spouse after death. The possibility of a legal-portion claim must also be examined.
• Will-substitute trust: a structure that, while alive, organizes the rights-exercise structure and also designs post-mortem transfer. A highly useful area in de facto-marriage matters.
• Promissory notes / notarization: where funds passed between the two, organize the flows as creditor-debtor relationships. As with intra-family fund transfers, formal coherence must be maintained.

When I meet clients in a de facto-marriage matter, I first ask two questions. First, in whose name is the real estate? Second, what is the relationship with the family on the heir side? These two are the starting point of the future scenario.

Bigamous de facto marriage is not protected

While de facto marriage is broadly protected by law, bigamous de facto marriage is not. A bigamous de facto marriage is where a person who already has a legal spouse forms a de facto relationship with another person.

Because this form coexists with an existing legal spouse, it does not receive the legal protection of de facto marriage. Property-division claims and damages claims are both difficult. The relationship of a well-known business chairman and his companion is often cited as an example for this reason. As long as the divorce between the chairman and his spouse has not been finalized, the second relationship is evaluated as bigamous de facto marriage.

Flow of de facto marriage organization in one table

Frequently asked questions

Q. We have lived together over ten years and I have purchased a home in my de facto spouse name with money we saved together. What happens if I die? A. When the registered owner dies, the home is inherited by that owner heirs. Because a de facto spouse has no inheritance right, even where you contributed substantial funds, asserting the right based on that alone is extremely difficult. Advance planning through lifetime gift, will, or trust is necessary.

Q. My de facto spouse died and the heirs are asking me to leave the home. What should I do? A. A difficult situation. You cannot directly assert an inheritance right. We must, however, examine from multiple angles whether the tenant-status succession requirements under the Housing Lease Protection Act are met, whether materials organize the relationship as creditor-debtor, and whether the requirements for an allotment as a special person of close relation are satisfied.

Q. We only held a wedding ceremony and have not yet filed a marriage registration. If we separate in this state, can I receive property division? A. There is a strong possibility it qualifies as de facto marriage. If so, property division can be received on the same basis as legal-marriage divorce. However, recognition of de facto marriage itself is a result of evaluating the facts, so the circumstances of your case must be organized together.

How to apply this to your own case

If you are in a de facto-marriage relationship, organizing in the following order is safer.

• In whose name is the real estate; what is the heir structure if the registered owner dies?
• Has advance planning (gift, will, trust) been done to prepare for sudden absence?
• Have the funds that passed between the two been organized as creditor-debtor, or are they scattered as simple fund-pooling?
• Is there any possibility the current relationship qualifies as bigamous de facto marriage?

If you want to briefly check the de facto-marriage organization structure of your household, Chat with us now is also possible.

Attorney Yoon Jisang / Jonjae Law Firm Family and Inheritance Specialist Team Last reviewed 2026-05-30

This article is general legal information and does not substitute for legal advice on your specific matter. Outcomes vary by facts, so please seek separate consultation for a concrete dispute.