A woman preparing to file for divorce expressed her concerns about division of property and raising children.
Ms. A, a woman who met and married so-called singles in her mid-40s and has been married for 10 years, recently told YTN Radio’s ‘Attorney Jo In-seop’s Counseling Center’ that she is contemplating divorce.
According to the story he revealed, Ms. A has been running a shopping mall for a long time. Her husband was a clothing designer, so she started a new clothing company together. Mr. A and his wife’s business메이저사이트 prospered day by day and grew into a small business.
Then one day, Ms. A found out about her husband’s affair, and her husband asked for forgiveness, but Ms. A, who had already failed in her marriage, was not confident in living with her husband, whose trust she had broken, so she filed for divorce. She says she is preparing.
Ms. A said, “I feel like my head will explode with the division of property,” and has rented out an apartment in her husband’s name. Can the debt to return the rental deposit also be subject to property division? The property of the couple’s clothing company, whose representative is her husband, asked questions such as how it should be divided and whether it would be possible to prevent Mr. A from selling the clothes he designed himself.
The lawyer who gave the related consultation answered, “If there is a lease contract for the apartment in the husband’s name and a rental deposit has been received, the debt to return the rental deposit in the future may also be subject to property division.”
She continued, regarding the issue of dividing the company’s assets, she said, “She will be able to divide the assets if Ms. A actively proves her contribution to growing the company by working with her husband.” she saw
However, it was judged that it would be difficult to apply for a temporary injunction to ban the sale of clothes designed by Mr. A. The design right holder can apply for a provisional injunction to prohibit sales by using the claim for prohibition stipulated in the Design Protection Act as a protected right. However, if the company is the design rights holder, such action is not possible.
Additionally, Mr. A was very anxious about raising his high school daughter. He said, “This is her daughter from her widowed ex-wife, and she says she wants to live with me if the child gets divorced. “I also want to be her mother because I have grown so attached to her,” she said, noting that she is not her biological mother, and asked for advice on whether she could do that.
In this regard, the lawyer advised that since the court considers the welfare of the child to be an important criterion in custody, even if Ms. A is her stepmother, she can have custody if her child follows her well and wishes to live with her.