Divorce - How are things divided?

[MadelineB]

Hello,

My question is about what possessions have to be included in a settlement after divorce in Finland?

I had been told that everything that either of us came to own after our marriage was to considered joint property and has to be divided equally.

A few days ago I got a call from my soon to be ex husband's brother. He sounded very angry and drunk as he often is and he told me that he would make sure that I never got any of what he calls "our land".

Our house is in joint name so that is clear to be split between us but the question is, what happens to the property that my husband has inherited from his dead father and the "summer cottage" property and land that was given to him and his brothers and sisters about a year before his father's death.

These are what my brother in law is on about.

There is also shares in a "family" company and some more things that I only know a little about.

I heard somewhere that there is place where I can ask such questions from lawyer for free. I am alone here with our two children and have very little money so I cannot afford expensive lawyer cost..

Any advice would be very welcome.

Thank you.

MB

[Idefix]

Our house is in joint name so that is clear to be split between us but the question is, what happens to the property that my husband has inherited from his dead father and the "summer cottage" property and land that was given to him and his brothers and sisters about a year before his father's death.

Is there a testament or "gift letter" where the father said that the inheritance is his son's alone? If so, you can't get any of it. If not, my understanding is that you get your share through marriage, since it is then considered common property.

[Upphew]

I heard somewhere that there is place where I can ask such questions from lawyer for free. I am alone here with our two children and have very little money so I cannot afford expensive lawyer cost..

I'll take that "here" is same as here as in Mikkeli: http://www.oikeus.fi/6205.htm

Any advice would be very welcome.

And here is some info about Legal Aid in English: http://www.oikeus.fi/8852.htm

[MadelineB]

Dear idefix,

The Summer cottages and lands were done with gift. I remember some troubles at the time.

His father died very suddenly and I think there was no will and testament just a long time of official letters and forms. His mother has 50% and my husband has a share along with his two brothers and two sisters.

Dear upphew,

I look at those two places. Mikkeli is too far away from Tampere so I look for something like that in Tampere.

Most, I would like to know what is the law because I afraid to discuss with him in case he does something more bad.

Thank you both for trying to help me.

MB

[Rip]

http://www.tampere.fi/perhejasosiaalipa ... vonta.html

I had been told that everything that either of us came to own after our marriage was to considered joint property and has to be divided equally

My non-lawyer understanding of the issue: if there is no prenuptial agreement and the inherited property did not come with a testament stipulating that you did not have any rights over it then the value of all what you own should be shared equally. You husband does not need to give any of the land as such, if he does not want, but he does need to give half of it's value in money or other property.

[Upphew]

Mikkeli is too far away from Tampere so I look for something like that in Tampere.

http://www.oikeus.fi/6185.htm
And Rip is imo quite spot on about legal side.

[raamv]

RIP might be right...provided that the value of the property and other things are established..
Then there is also the question of realization of that value..So in essence, without a good lawyer, the inherited property could very well be excluded from your settlement..
But main question for OP is to settle appropriately and wisely for the kids instead of going after those properties and deeds with long winding legal arguments..