Divorce and property

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hiworld
Posts: 45
Joined: Tue Dec 20, 2016 5:47 pm

Divorce and property

Post by hiworld » Sat Jul 25, 2020 2:31 pm

Hello all,

I am non-eu and married to my finnish husband. We married with two kids, I'm a home mom taking care of the kid so I didnt have job since i moved to finland. We bought the apartment with half of his money and half of my saving and bank loan. the apartment register under his name only because he said that loan need to be on his name because he is the only one who has income.
so do i still have rights on the apartment since it is on his name only?
can i have all my kids since i am unemployed?
appreciate for the advice.



Divorce and property

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betelgeuse
Posts: 3522
Joined: Thu Aug 29, 2013 1:24 am

Re: Divorce and property

Post by betelgeuse » Sat Jul 25, 2020 10:15 pm

hiworld wrote:
Sat Jul 25, 2020 2:31 pm
Hello all,

I am non-eu and married to my finnish husband. We married with two kids, I'm a home mom taking care of the kid so I didnt have job since i moved to finland. We bought the apartment with half of his money and half of my saving and bank loan. the apartment register under his name only because he said that loan need to be on his name because he is the only one who has income.
so do i still have rights on the apartment since it is on his name only?
can i have all my kids since i am unemployed?
appreciate for the advice.
There’s a good chance you have been conned. Get in touch with a a lawyer.

FinlandGirl
Posts: 423
Joined: Sat Nov 09, 2019 10:43 am

Re: Divorce and property

Post by FinlandGirl » Sun Jul 26, 2020 9:08 pm

hiworld wrote:
Sat Jul 25, 2020 2:31 pm
We bought the apartment with half of his money and half of my saving and bank loan. the apartment register under his name only because he said that loan need to be on his name because he is the only one who has income.
so do i still have rights on the apartment since it is on his name only?
The legal default is to distribute the property of both spouses equally during divorce, unless the spouses have signed a prenup that differs.
Have you foregone that by signing a prenup agreement?
betelgeuse wrote:
Sat Jul 25, 2020 10:15 pm
Get in touch with a a lawyer.
That's a good idea in any case.

betelgeuse
Posts: 3522
Joined: Thu Aug 29, 2013 1:24 am

Re: Divorce and property

Post by betelgeuse » Sun Jul 26, 2020 9:45 pm

FinlandGirl wrote:
Sun Jul 26, 2020 9:08 pm
The legal default is to distribute the property of both spouses equally during divorce, unless the spouses have signed a prenup that differs.
Have you foregone that by signing a prenup agreement?
Using the default rules doesn't automatically mean getting half the apartment. A couple examples:

1) The husband has other assets so he gets to choose how to compensate (tasinko)

"Tasingon maksussa on pidetty lähtökohtaisena ajatuksena sitä, että tasingonmaksuvelvollinen puoliso on oikeutettu päättämään itse siitä, mitä omaisuutta hän haluaa tasinkona toiselle puolisolle luovuttaa. Tasingon osalta on siis katsottu, ettei tasinkoon oikeutetun puolison ole mahdollista vaatia tiettyä osuutta kiinteistöstä tai esimerkiksi asunto-osakkeita, jotka oikeuttavat perheen käytössä olleen asunnon hallintaan."

https://www.minilex.fi/a/ositus-ja-tasingon-maksu

2) The husband is burdened with debt so his net wealth is zero or negative.

hiworld
Posts: 45
Joined: Tue Dec 20, 2016 5:47 pm

Re: Divorce and property

Post by hiworld » Sun Jul 26, 2020 10:25 pm

I didn't sign any prenup agreement but i worry because the apartment is under his name alone even though part of the money was from my saving.

The legal default is to distribute the property of both spouses equally during divorce, unless the spouses have signed a prenup that differs.
Have you foregone that by signing a prenup agreement?
any ideas about kids? i'm also worried about losing my kids since i currently do not have job.

jarikaija
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Re: Divorce and property

Post by jarikaija » Mon Jul 27, 2020 2:56 pm

hiworld wrote:
Sun Jul 26, 2020 10:25 pm
I didn't sign any prenup agreement but i worry because the apartment is under his name alone even though part of the money was from my saving.

The legal default is to distribute the property of both spouses equally during divorce, unless the spouses have signed a prenup that differs.
Have you foregone that by signing a prenup agreement?
any ideas about kids? i'm also worried about losing my kids since i currently do not have job.

No problem. You will get your part of money away from apartment since you didn't sign prenup.
And don't worry about kids. Kids are left to mom 99% in finland. Working or not.

I have seen this so many times... Even I had to pay when I divorced first time and I paid home loan, electricity, home owner taxes by myself only...

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ajdias
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Re: Divorce and property

Post by ajdias » Tue Jul 28, 2020 11:48 am

hiworld wrote:
Sun Jul 26, 2020 10:25 pm
I didn't sign any prenup agreement but i worry because the apartment is under his name alone even though part of the money was from my saving.

The legal default is to distribute the property of both spouses equally during divorce, unless the spouses have signed a prenup that differs.
Have you foregone that by signing a prenup agreement?
any ideas about kids? i'm also worried about losing my kids since i currently do not have job.
Kids best interests come above anything else, and that usually means shared custody and mom as the primary caretaker. Unemployment won't affect that.
As pointed before you should get a lawyer, and given your income is likely you will be able to get oikeusapu to support your legal expenses fully. You can either go through their office and get a lawyer they may have available or you can pick a lawyer yourself and oikeusapu will pay for it. The trick is to check if the lawyer will do your case, as legal aid is usually pays less than private customers.

hiworld
Posts: 45
Joined: Tue Dec 20, 2016 5:47 pm

Re: Divorce and property

Post by hiworld » Thu Jul 30, 2020 12:14 am



No problem. You will get your part of money away from apartment since you didn't sign prenup.
And don't worry about kids. Kids are left to mom 99% in finland. Working or not.

I have seen this so many times... Even I had to pay when I divorced first time and I paid home loan, electricity, home owner taxes by myself only...
THANK YOU VERY MUCH! now i have some hope. all i want is living with my kids and able to afford the roof on their head and food on the table for them. Thanks again!

hiworld
Posts: 45
Joined: Tue Dec 20, 2016 5:47 pm

Re: Divorce and property

Post by hiworld » Thu Jul 30, 2020 12:16 am


Kids best interests come above anything else, and that usually means shared custody and mom as the primary caretaker. Unemployment won't affect that.
As pointed before you should get a lawyer, and given your income is likely you will be able to get oikeusapu to support your legal expenses fully. You can either go through their office and get a lawyer they may have available or you can pick a lawyer yourself and oikeusapu will pay for it. The trick is to check if the lawyer will do your case, as legal aid is usually pays less than private customers.
THANK YOU VERY MUCH to give me hope. all i want is living with my kids and able to afford the roof on their head and food on the table for them. Thanks again! I will check oikeusapu!


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