“I’m going to divorce my husband because he cheated on me, but my stepdaughter says she wants to live with me.”

A woman who is in the process of divorce due to her husband’s infidelity confessed her concerns about division of property and raising children.

On the 1st, YTN Radio’s ‘Attorney Jo In-seop’s Counseling Center’ featured the story of A, a woman who remarried in her mid-40s and has been married for 10 years.

Ms. A had been running a shopping mall for a long time and her husband was a designer at a clothing company, so the two got along and started a new clothing company together. Since then, Mr. A and his wife’s business has prospered day by day and is said to have grown into a small business.

Then one day, Ms. A found out about her husband’s affair. Her husband begs for her forgiveness, but Ms. A, who has already experienced the bitter taste of marriage once, has no confidence in living with her husband, so she is preparing to file for divorce.

Ms. A expressed her frustration by saying that she felt like her head would explode due to the division of property. He said, “I have rented out an apartment in my husband’s name. Can the debt to return the rental deposit also be subject to property division?” and “I am curious about how the assets먹튀검증 of the couple’s clothing company, whose representative is the husband, should be divided.” “Is it possible to prevent Mr. from selling clothes he designed himself?” he asked.

Above all, Ms. A was very worried about raising her stepdaughter, a high school student. He said, “I have a daughter from my husband’s ex-wife, and the child wants to live with me when we get divorced. I have also been very attached to her and want to be her mother,” and gave advice on whether she could live with him, rather than her biological mother. Saved.

Regarding this, the lawyer answered that, first of all, if there was a lease contract for the apartment in the husband’s name and a rental deposit was received, the future obligation to return the rental deposit could also be subject to property division.

As for the issue of dividing the company’s assets, it was determined that if Ms. A actively demonstrated her contribution to growing the company through her efforts with her husband, she would be able to divide the assets.

However, it seems 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 temporary injunction to prohibit sales by using the claim for prohibition stipulated in the Design Protection Act as a protected right, but in general, the company becomes the design right holder.

However, Attorney Seo explained, “If Mr. A applies for an appraisal for the company in relation to the product he personally designed, Mr. A’s contribution will be highly recognized when requesting property division.”

So, what will happen to the custody of Ms. A’s stepdaughter, whom she has had a special relationship with? Attorney Seo said, “The court considers the welfare of the child as an important criterion in custody,” adding, “Even if Ms. A is her stepmother, if the child follows her well and wishes to live with her, she can have custody.” .

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