사실혼 부부의 재산귀속에 관한 연구

A study for the reversion of property in a de facto marriage A de facto marriage is not a legal marriage registered. But the de facto marriage is different from an engagement, from living with a concubine or an illicit intercourse. Scholars take up the position that the de facto marriage is a quasi marriage. The de facto marriage is similar to a legal marriage registered and is protected legally in case of cancellation of marriage. A party of a de facto marriage cannot accept succession to the another party's property and sue on charges of adultery. But the party can receive a survivor´s pension and claim damages and division of property when the de facto marriage is canceled by the another party’s wrong doings. A purpose of claim for division of property is to liquidate a co-owner fortune accumulated by mutual cooperation for a term of marriage. The peculiar property of a husband name is divided according to the proportion of wife´s service. A household labor of a housewife belongs to a service for a co-owner fortune accumulated by mutual cooperation. As to the parties in the de facto marriage, though the housewife have no an occupation, she can also claim the division of property according to the proportion of contribution for a term of marriage. In the de facto marriage, the reversion of properties acquired by the couple´s joint management presumes co-ownership.