Asset Management
2026.02.24
Legal Advisory on Debt Structure and Spousal Liability for Overseas Married Couple
Service area
Lawyer
Partner Shin-young Choi of Cha & Kwon Law Offices provided legal advisory services regarding the structure of a debt relationship formed in Korea and the scope of liability involving a married couple residing overseas.
The key issues in this matter concerned the existence of the claim, the attribution of the debt, and the potential extension of liability to the spouse, based on a loan agreement executed under the name of one party during the marriage.
Partner Choi reviewed the legal nature of the contract and the scope of the claim, focusing on how liability may differ depending on whether the debt constitutes a personal obligation or one arising from the marital relationship. She further conducted a structured analysis on the possibility of recognizing joint liability of the spouse under applicable legal principles.
Through this analysis, the fundamental structure of the claim and the scope of liability were clearly defined, and key legal issues were systematically identified to anticipate and address potential future disputes.