Divorce and Property rights

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jlambethcissp
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Joined: Sat Jul 12, 2014 4:40 am

Divorce and Property rights

Post by jlambethcissp » Sat Jul 12, 2014 4:46 am

My wife who is Finnish) and I (American) have been married for 27 years. We both reside in the US.

During this period, her grandmother passed away. The grandmother willed her summer house in Finland to my wife and her brother in a 50-50 split. My wife has announced her intention to separate. Under Finnish law, do I as her spouse hold any interest in the property? My name is not on the deed.



Divorce and Property rights

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betelgeuse
Posts: 4571
Joined: Thu Aug 29, 2013 1:24 am

Re: Divorce and Property rights

Post by betelgeuse » Sat Jul 12, 2014 11:09 am

jlambethcissp wrote:My wife who is Finnish) and I (American) have been married for 27 years. We both reside in the US.

During this period, her grandmother passed away. The grandmother willed her summer house in Finland to my wife and her brother in a 50-50 split. My wife has announced her intention to separate. Under Finnish law, do I as her spouse hold any interest in the property? My name is not on the deed.
It depends. For example the grandmother can have declared in her will that you have no right to the summer house. Whether Finnish law is applied depends on where you were resident when you got married and how you have moved your residence. The relevant Finnish legislation is available here:

http://www.finlex.fi/fi/laki/ajantasa/1 ... 234#L4P129

Even in friendly splits international divorces get complex enough that you usually want to consult a lawyer.

CH
Posts: 869
Joined: Fri Nov 11, 2005 10:13 am
Location: Espoo

Re: Divorce and Property rights

Post by CH » Sat Jul 12, 2014 11:47 am

No, under Finnish law you do not. What she owns she owns, what you own you own. If you were to divorce under Finnish laws you would be entitled to half of your combined assets. But, as you are residing and divorcing in the US your local laws apply.

betelgeuse
Posts: 4571
Joined: Thu Aug 29, 2013 1:24 am

Re: Divorce and Property rights

Post by betelgeuse » Sat Jul 12, 2014 5:24 pm

CH wrote:No, under Finnish law you do not. What she owns she owns, what you own you own. If you were to divorce under Finnish laws you would be entitled to half of your combined assets. But, as you are residing and divorcing in the US your local laws apply.
The link I posted shows that for example, if they were resident in Finland when they got married, Finnish law can apply to the assets for five years after moving abroad (at least in the view of Finnish courts).


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