Help - Seperation costs

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Ed L
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Help - Seperation costs

Post by Ed L » Mon Nov 05, 2007 1:16 pm

Hello
Anyone know anything about seperation in Finland?

My partner has seperated from her husband and divorce proceedings are ongoing. They have a 3yo child who lives a week in both places.

She has moved out but is forced to pay half of their (joint) mortgage as well as her own rent. He has also kept the car so she is leasing. As a result she earns the same as he does but is paying 75% of their combined housing. In Hki this takes up a big chunk of disposable income.
They are trying to sell the house, though he sorts things out and if I were him I'd not be that bothered about reaching a quick sale!

I know in the UK they would somehow equalise this. What about here?

Any advise?
Thank you
Ed



Help - Seperation costs

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Hank W.
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Post by Hank W. » Mon Nov 05, 2007 1:27 pm

Yes. By selling the house.
Cheers, Hank W.
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Ed L
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Post by Ed L » Mon Nov 05, 2007 1:34 pm

That was the idea 5 months ago!!

5 months down the road the house is not sold. The ex is as I wrote not that bothered about pushing it as he gets half price rent.
Do you mean that her only way to avoid paying this is to force the sale quicker? If so - if he does not agree can she unilaterally reduce the price (the fact that it hasn't sold seems to imply at the Estate agent is bad or it is priced too high). If not any person breaking up could refuse to move and then set a price of €1 million for a 2 bed flat!

If it does take longer to sell can she claim some kind of maintanence as they have agreed to live in 2 places but she is currently liable for 1,5 places worth of costs?

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superiorinferior
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Post by superiorinferior » Mon Nov 05, 2007 1:52 pm

Why doesn't she sell "her half" of the house to him and be done with it?

Ed L
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Post by Ed L » Mon Nov 05, 2007 1:56 pm

He cannot afford it and/or doesn't want the burden of such high mortgage on his own income.

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Hank W.
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Post by Hank W. » Mon Nov 05, 2007 1:58 pm

Which answers your original question. He can't "somehow equalize" it without selling.
Cheers, Hank W.
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Ed L
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Post by Ed L » Mon Nov 05, 2007 2:07 pm

Not really

Think there is a difference between committing to a 25 year house loan on a house that you no longer need the space for and paying your fair share, until things get sold. Remember both earn the same so the "normal" thing would be to share the costs and sell as quickly as possible

Also surely a "middle ground" - her costs are €1000 more than his due to double "rent" - he may not want to take the full 500 on ad infinitum, but eeither for the shorter time or pay a bigger proportion to close the gap.

As already stated - he has no incentive to sell, because he is comfortable with a full house for half the costs so does not have any major discomfort.

So back to original question- can she claim money from him?
or 2nd question - can she force the house to be sold cheaper?

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Hank W.
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Post by Hank W. » Mon Nov 05, 2007 2:25 pm

Of course, a Finnish woman you are talking of, she can claim the moon from the sky if she wants. :lol:

In a divorce if the spouses cannot get into agreement on the separation of assets, either party can petition an "estate manager" from the court. Of course the lawyer runs off with the money. The bank also might have a say in the division, as they might wish to start a foreclosure process.
Cheers, Hank W.
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raamv
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Post by raamv » Mon Nov 05, 2007 2:25 pm

Ed L wrote:Also surely a "middle ground"
How was it when they were married? They were each owning 50% and who was paying what? and how come that somehow seems soo unreasonable now that they are separated, that she has to pay more to keep her 50%?
If the car was in his name, then he keep it..
Can she claim money for what reason?
If she is willing to sell for less, then she has to settle to pay for the difference in the rest of the mortgage...Since it is owned 50% only..So if he refuses to sell low, and she does, lets say for X. Then she has to make up for the 1/2 cost of mortgage and the difference in price..if it is negative, she pays, if positive, its capital income..and subject to capital gains tax if they have not lived for more than 2 years in that place..
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Ed L
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Post by Ed L » Mon Nov 05, 2007 2:41 pm

Thanks Raamv

The issue is that when living together they had one house - each paid ca € 500 + €100 costs - managable as say third of their income. Fair split agreed.

They then decide to live apart - means 2 houses

so she pays her €600 for family house AND €1000 rent/bills for flat
he pays his €600 "" "" "" and lives there so no extra costs

He doesn't want €1200 in costs so doesn't want to buy her share.
She cannot afford to continue paying €1600 in housing costs (i.e 80% of income)

I know €1000 is expensive for rent, but remember she has her child so wants somewhere half decent and also short term, because once the house is sold can look for something more long term.

He is "half hearted" when selling because he now has the house to himself and pays half the costs. As such even though there is not very much interest in the house, he refuses to reduce the selling price.

Tell me if you think it is fair? I don't think so, because they agreed a split and that he would stay as he worked close to the house, whereas she worked on the other side of town. I don't think there is any malice on his part - just that he is comfortable living where he always has lived so happy to draw it out as lng as possible.

Hank - They have agreed to split the assets 50-50. So the only problem is how to push im to liquidate the asset a bit quicker (either by lowering selling price or making him share the pain of higher combined costs).

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Post by CH » Mon Nov 05, 2007 3:13 pm

Ed L wrote:so she pays her €600 for family house AND €1000 rent/bills for flat
he pays his €600 "" "" "" and lives there so no extra costs
Shouldn't he be paying rent for half the house?

Since you are asking for legal advice on this forum, I assume you don't have a lawyer. Get one! It costs some money, but so does paying 600€ extra a month.

Ed L
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Post by Ed L » Mon Nov 05, 2007 3:36 pm

Hi CH

Think you are right about the lawyer!

From the advice on the forum I think I will set up house with a Finn, break up then refuse to move and put the house up for sale for €10million

Hey Presto 50% of living costs paid for the rest of my life - or until her big brother comes for a "quiet word"!!!!

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Post by rinso » Mon Nov 05, 2007 3:40 pm

CH has a point, If he is using the house, he should pay rent. Half of it goes to her the other half he can keep. Her renting a place has very little to do with his obligations.

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Post by raamv » Mon Nov 05, 2007 3:45 pm

Ed L wrote:Hey Presto 50% of living costs paid for the rest of my life - or until her big brother comes for a "quiet word"!!!!
First of all, This forum is just for sharing things..and people are trying to help you based on the information that you provided..
and now you want to start sarcastic responses..thats OK as long as you are able to fathom the responses you get for those....
Now as for the 50% free housing...dont worry..he ll need to cough up some bit when Vero knocks on the door..so dont think that there is always an easy ways out..
Think about it from another viewpoint ( I aint saying it is right or wrong):
You yourself mentioned that they decided to split everything 50%...so why crib when she has decided to invariably "let" him live at the place by moving out to another apt?? Its her fault that she is not willing to live in the house that she owns 50%... so in essence, why should he pay for Her rent at all?
She has all the right to live in her part of the house!!! that way she saves rent..
She decided to move out and so invariably have to accept the consequences of her actions..

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EP
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Post by EP » Mon Nov 05, 2007 3:45 pm

I agree about rent. He uses also her half of the house. Maybe she should tell him that for financial reasons she has to rent half of the house to some outsider. Like a group of construction workers. Or a family with 5 children.


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