이혼 시 거주주택 분할귀속의 결정요인 분석－ 서울가정법원 판례 분석 －

The family home in which the family has lived are the main assets of households and the basis for family members to live and raise their children. Who gets the family home and who moves out is an important issue that affects the quality of housing for minors and their caregivers (mostly women), and also the life after divorce. This study is the first in the nation to investigate factors that affect the decision of the courts to divide the family home. For that, this study uses data from Seoul Family Court’s Decisions on marital property division on divorce. The results show that the courts showed excessive dependence on the possession of the family home. In addition, residential mobility was also an important factor, which implies that involuntary housing movements of women will have a negative effect on the possession of family home. Only the female liabilities were found to affect the division of family home in the court, which is contrary to the position of the court that the alimony factor is not directly taken into account in the division of property. This means that while courts rely heavily on liquidation factors in the process of division of family home, considerations for supporting factors are insufficient. It is expected that the analysis of actual cases will provide the criteria and implications for the improvement of the property division system by illuminating the nature of the property division system and the current reality. It is necessary to continue to analyze and study family home in the future.