Period for the exercise of a claim for the division of property
Period for the exercise of a claim for the division of property- A claim for the division of property in the event of divorce is extinguished 2 years from the date of divorce (Article 839-2(3) of the Civil Act).
- In a judicial divorce, there is little concern that the period for the exercise of the claim for division of property will elapse because it is common to bring the claim together with the divorce complaint. However, in a divorce by agreement, divorce is frequently finalized without an agreement on the division of property. In such cases, property is only divided when the claim is exercised within 2 years of the date of divorce.
※ The date of divorce is the divorce reporting date in the case of divorce by agreement, and the date the divorce judgment or the marriage cancelation judgment is final and conclusive in the case of judicial divorce or cancellation of marriage.