right on lady..tell him..haista v!%#...AleXa wrote:quote]Your usband probably will try to sell as much as possible before the divorce or move it to somewhere else (his friends house/garage etc).
i do have my right to keep the key and not to sign the papers of selling the house, right?
Divorce
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strawberry
- Posts: 608
- Joined: Mon Mar 15, 2004 1:53 pm
- Location: Helsinki
Ummm, not automatically, Peter. This is probably getting tooooo complicated but the form you can fill in at the Post Office has different sections for notifying the Maistraatti or just for forwarding mail... So, if you omitted ticking a box by accident, your mail may be forwarded but all the info has not been amended at Väestörekisteri... Huh. So, yet again, it might be an idea to check - phone call time... Sorry.PeterF wrote: If you are receiving mail which was originaly addresses to your old address..then the system is working..your notification will also be forwarded by the PO.
(Unless you kept a copy in which case you can check...)Avioehto = prenuptial agreement, not that common these days, I guess - although, who knows... The courts are not interested in the property issues unless they have to be, i.e. you are not in a agreement. You said you didn't have many joint possessions, however, I do suggest you think about that one because you do need somewhere to live etc.etc. Did you make any purchases together? (TV's fridges, hi-fi's washing machines....???) If so, you are entitled to half to be able to set up a life again. You are currently staying with a friend but presumably you do not want that forever...? Make some calculations and do some thinking...unless there is what is called an Avioehto...(marriage settlement) which was signed by both parties agreeing to some other deal.
Good luck!
"Sitaatti on älyn säihkyvä korvike" (Jukka Virtanen)
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strawberry
- Posts: 608
- Joined: Mon Mar 15, 2004 1:53 pm
- Location: Helsinki
That's what I would do!! I think that Hank has his father's funeral this week...
Could be off the board for a few days..
I smell a smart ar-sed Finnish try it on merchant here...who thinks that Russian wife does not know the rules .... can hear him thinking.."probably she thinks it is same as in Moscow...take her to the cleaners..!"
Not here Alex...women's rights equal to (and some say better
) than men's.
Think perhaps you need to visit a lawyer ..it will not cost you a huge amount.. if he will just write to your husband ..a nice letter Suomeksi reminding him that when he married you he handed over the rights of half of your joint possesions. Frighten him a little into behaving.
Could be off the board for a few days..
I smell a smart ar-sed Finnish try it on merchant here...who thinks that Russian wife does not know the rules .... can hear him thinking.."probably she thinks it is same as in Moscow...take her to the cleaners..!"
Not here Alex...women's rights equal to (and some say better
) than men's.Think perhaps you need to visit a lawyer ..it will not cost you a huge amount.. if he will just write to your husband ..a nice letter Suomeksi reminding him that when he married you he handed over the rights of half of your joint possesions. Frighten him a little into behaving.
strawberry wrote:
This is probably getting tooooo complicated but the form you can fill in at the Post Office has different sections for notifying the Maistraatti or just for forwarding mail...
aha, yes, you are right. i only noticed about the address change PO, but not the Maaistraati. thats quiet clear now. i should give them a call!:)
[/quote]
Did you make any purchases together? (TV's fridges, hi-fi's washing machines....???) If so, you are entitled to half to be able to set up a life again. You are currently staying with a friend but presumably you do not want that forever...? Make some calculations and do some thinking...
Good luck!
[/quote]hmm, yes , we did made purchases, but i did not have a work, so i didnt invest much into purchases.. so how much rights do i have for those things?..but as i understand the splitting is between us and it doesnt concern the court cause we do not have the agreement, right?
still about the house-- in case of selling it, will it be 50/50 also? though it was bought on his own money.
anyway, i m much more concern about my permit to stay in finland than splitting etc. cause if i have to leave country, i will not need any of those things anyway
The law in Finland does not care who actualy took the money out whose pocket and paid it over the counter...because..nobody can remember on every item...hence the 50/50 law..
I have heard of cases where the wife never did a days work or contributed a cent..but come the divorce she walked away with a 50/50 split of a small fortune.
As I said before..Íf you have 100€ to spare go talk to lawyer..one of your Finnish friends can help you find one ..preferably female who specialises in Domestic law.
I have heard of cases where the wife never did a days work or contributed a cent..but come the divorce she walked away with a 50/50 split of a small fortune.
As I said before..Íf you have 100€ to spare go talk to lawyer..one of your Finnish friends can help you find one ..preferably female who specialises in Domestic law.
Sorry this is only a guess as I dont have personal experience.AleXa wrote:aha..how actually does that 50/50 counted?.. from bank account? or counted how much every single thing costs and a sum of it ?? or how?
But I think that the court intends that the two parties agree to the split ..who has what.. and the court only gets involved if there is a dispute.
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Hank W.
- The Motorhead
- Posts: 29973
- Joined: Sat Jul 06, 2002 10:00 pm
- Location: Mushroom Mountain
- Contact:
OK, Alexa
1) you need to register in Helsinki or otherwise you are officially Turku resident so if you go to Helsinki asking for help they tell you to bugger off to Turku.
The reason for this is that you can get free public legal help; but you can get it in your own home town only.
2) OK, in Turku there is also "Appelsiinipuu" that helps immigrant women.
try writing to : lyydia.bazaleva@appelsiinipuu.net (I think she is the Russian speaking councellor there)
As a Turku resident you have to get to "oikeusaputoimisto" in Turku.
3) If the house is in your name 1/2 belongs to you. Come on, if you get booted out of Finland atleast you get a dowry with you...
Read:
When a divorce case has become pending in the District Court, each spouse may demand the distribution of the matrimonial assets. The spouses need not wait until the end of the six-month reconsideration period or until the final divorce order, but the distribution can be carried out as soon as the matter has become pending. In a distribution of property on the basis of a divorce, the main rule is to divide all the property of the spouses equally between them.
Example 3: Matti and Maija make a joint application for divorce. The distribution of matrimonial property may be carried out after the application has been filed with the court. Matti’s property is worth 200,000 euros and Maija’s 100,000 euros. In this case the distribution of the matrimonial property is, under the main rule, carried out so that each obtains half of the property of the spouses (300,000 euros), i.e., 150,000 euros.
However, one must remember that the equal distribution of property is only the main rule, which can be derogated from. Derogation from this main rule may especially be based on the spouses having concluded a marriage settlement or on the fact that a spouse demands that the distribution of matrimonial assets be adjusted to obtain a reasonable result.
Marriage settlement and the distribution of matrimonial assets
A marriage settlement affects the distribution of matrimonial assets. A marriage settlement relates to the distribution both when the marriage is dissolved trough the death of a spouse and when the distribution is carried out on the basis of a divorce.
In practice the most common is a marriage settlement ordering that neither spouse has a matrimonial right to the property of the other. This means that upon the dissolution of the marriage, the property of the spouses is not divided equally but each spouse keeps his/her property himself/herself.
The marriage settlement can also stipulate that a spouse has no matrimonial right to certain property belonging to the other spouse, such a farm obtained as inheritance. This order means that all other property except the farm referred to in the marriage settlement is divided equally between the spouses.
However, a marriage settlement is not necessarily binding. Its stipulations may be derogated from or it may be set aside altogether in the adjustment of the distribution of matrimonial property if compliance with the marriage settlement would result in an unreasonable result.
Adjustment of the distribution of matrimonial property
The adjustment of the distribution of matrimonial assets means that in an individual case, on the basis of consideration, the rules otherwise applicable to the distribution of matrimonial property may be derogated from.
The distribution of matrimonial assets can be adjusted if the distribution would lead to:
an unreasonable end result; or
to the other spouse receiving unjust financial benefit.
When considering the adjustment of the distribution of matrimonial assets, special attention shall be paid to:
the duration of the marriage;
the activities of the spouses for their common household or for the accumulation and preservation of the property; and to
other comparable facts regarding the finances of the spouses.
The adjustment of the distribution of matrimonial assets thus takes place paying attention to perspectives of reasonableness and justice separately in each individual case. Therefore no general rules can be set in advance as to when the adjustment of the distribution of matrimonial assets is possible, how the adjustment is carried out or how often the adjustment is applied.
The most common examples where the adjustment is to be considered can, nevertheless, be described by means of the following two examples:
Example 1: Short marriage without children, no marriage settlement. Matti and Maija conclude marriage. After the marriage has lasted two years, the spouses are granted a divorce. Matti has property worth 600,000 euros and Maija has a flat worth 200,000 euros. Both are gainfully employed and there are no children. Under the main rules applicable to the distribution of matrimonial property, the property of the spouses (800,000 euros) would be divided equally so that Matti would have to give 200,000 euros of his assets to Maija.
Under the rules on the adjustment of the distribution of matrimonial assets, it can, however, be decided that each shall keep his/her own property, because otherwise Maija would receive an unjust financial benefit after a short marriage.
Example 2: Long marriage – marriage settlement: Antti and Raija are granted a divorce after a marriage of 16 years. The spouses have children aged 14 and 12 from the marriage. Antti’s monthly income is 4,000 euros and Raija’s 2,000 euros. Raija has been at home for ten years taking care of the home and the children. The only property of the spouses is a flat worth 400,000 euros in Antti’s name; the spouses have no debts.
Under the marriage settlement concluded by Antti and Raija, neither has a matrimonial right to the property of the other, which means that upon the distribution of property, Antti would keep the flat in his name and Raija would obtain no property at all.
Under the rules on the adjustment of the distribution of matrimonial assets, the stipulations of the marriage settlement may be disregarded and the property (400,000 euros) can be divided equally between the spouses, because compliance with the marriage settlement would lead to an unreasonable end result taking into consideration the duration of the marriage, the financial position of the spouses and Raija’s activities for the common household. In this case each will obtain property worth 200,000 euros.
How is the distribution of matrimonial assets carried out?
The distribution of the matrimonial assets can be carried out either so that
the parties carry out the distribution themselves in accordance with a mutual agreement (distribution by agreement); or
the distribution is carried out by an estate distributor appointed by the court, usually an attorney (official distribution).
When the distribution is carried out by agreement, the distribution shall be reduced to a document, which must be dated and signed and attested by two non-disqualified persons. If an estate distributor carries out the distribution, he drafts it in the form of a document, which he signs.
When clarifying the property relations of the spouses and when planning the distribution of the matrimonial assets, there is always reason to turn to an attorney, the State Legal Aid Office or another skilled lawyer. At that point it is appropriate also to inquire whether compensation for the litigation costs is obtainable from a legal security insurance (home insurance) or legal aid paid from State funds.
1) you need to register in Helsinki or otherwise you are officially Turku resident so if you go to Helsinki asking for help they tell you to bugger off to Turku.
The reason for this is that you can get free public legal help; but you can get it in your own home town only.
2) OK, in Turku there is also "Appelsiinipuu" that helps immigrant women.
try writing to : lyydia.bazaleva@appelsiinipuu.net (I think she is the Russian speaking councellor there)
As a Turku resident you have to get to "oikeusaputoimisto" in Turku.
3) If the house is in your name 1/2 belongs to you. Come on, if you get booted out of Finland atleast you get a dowry with you...
Read:
When a divorce case has become pending in the District Court, each spouse may demand the distribution of the matrimonial assets. The spouses need not wait until the end of the six-month reconsideration period or until the final divorce order, but the distribution can be carried out as soon as the matter has become pending. In a distribution of property on the basis of a divorce, the main rule is to divide all the property of the spouses equally between them.
Example 3: Matti and Maija make a joint application for divorce. The distribution of matrimonial property may be carried out after the application has been filed with the court. Matti’s property is worth 200,000 euros and Maija’s 100,000 euros. In this case the distribution of the matrimonial property is, under the main rule, carried out so that each obtains half of the property of the spouses (300,000 euros), i.e., 150,000 euros.
However, one must remember that the equal distribution of property is only the main rule, which can be derogated from. Derogation from this main rule may especially be based on the spouses having concluded a marriage settlement or on the fact that a spouse demands that the distribution of matrimonial assets be adjusted to obtain a reasonable result.
Marriage settlement and the distribution of matrimonial assets
A marriage settlement affects the distribution of matrimonial assets. A marriage settlement relates to the distribution both when the marriage is dissolved trough the death of a spouse and when the distribution is carried out on the basis of a divorce.
In practice the most common is a marriage settlement ordering that neither spouse has a matrimonial right to the property of the other. This means that upon the dissolution of the marriage, the property of the spouses is not divided equally but each spouse keeps his/her property himself/herself.
The marriage settlement can also stipulate that a spouse has no matrimonial right to certain property belonging to the other spouse, such a farm obtained as inheritance. This order means that all other property except the farm referred to in the marriage settlement is divided equally between the spouses.
However, a marriage settlement is not necessarily binding. Its stipulations may be derogated from or it may be set aside altogether in the adjustment of the distribution of matrimonial property if compliance with the marriage settlement would result in an unreasonable result.
Adjustment of the distribution of matrimonial property
The adjustment of the distribution of matrimonial assets means that in an individual case, on the basis of consideration, the rules otherwise applicable to the distribution of matrimonial property may be derogated from.
The distribution of matrimonial assets can be adjusted if the distribution would lead to:
an unreasonable end result; or
to the other spouse receiving unjust financial benefit.
When considering the adjustment of the distribution of matrimonial assets, special attention shall be paid to:
the duration of the marriage;
the activities of the spouses for their common household or for the accumulation and preservation of the property; and to
other comparable facts regarding the finances of the spouses.
The adjustment of the distribution of matrimonial assets thus takes place paying attention to perspectives of reasonableness and justice separately in each individual case. Therefore no general rules can be set in advance as to when the adjustment of the distribution of matrimonial assets is possible, how the adjustment is carried out or how often the adjustment is applied.
The most common examples where the adjustment is to be considered can, nevertheless, be described by means of the following two examples:
Example 1: Short marriage without children, no marriage settlement. Matti and Maija conclude marriage. After the marriage has lasted two years, the spouses are granted a divorce. Matti has property worth 600,000 euros and Maija has a flat worth 200,000 euros. Both are gainfully employed and there are no children. Under the main rules applicable to the distribution of matrimonial property, the property of the spouses (800,000 euros) would be divided equally so that Matti would have to give 200,000 euros of his assets to Maija.
Under the rules on the adjustment of the distribution of matrimonial assets, it can, however, be decided that each shall keep his/her own property, because otherwise Maija would receive an unjust financial benefit after a short marriage.
Example 2: Long marriage – marriage settlement: Antti and Raija are granted a divorce after a marriage of 16 years. The spouses have children aged 14 and 12 from the marriage. Antti’s monthly income is 4,000 euros and Raija’s 2,000 euros. Raija has been at home for ten years taking care of the home and the children. The only property of the spouses is a flat worth 400,000 euros in Antti’s name; the spouses have no debts.
Under the marriage settlement concluded by Antti and Raija, neither has a matrimonial right to the property of the other, which means that upon the distribution of property, Antti would keep the flat in his name and Raija would obtain no property at all.
Under the rules on the adjustment of the distribution of matrimonial assets, the stipulations of the marriage settlement may be disregarded and the property (400,000 euros) can be divided equally between the spouses, because compliance with the marriage settlement would lead to an unreasonable end result taking into consideration the duration of the marriage, the financial position of the spouses and Raija’s activities for the common household. In this case each will obtain property worth 200,000 euros.
How is the distribution of matrimonial assets carried out?
The distribution of the matrimonial assets can be carried out either so that
the parties carry out the distribution themselves in accordance with a mutual agreement (distribution by agreement); or
the distribution is carried out by an estate distributor appointed by the court, usually an attorney (official distribution).
When the distribution is carried out by agreement, the distribution shall be reduced to a document, which must be dated and signed and attested by two non-disqualified persons. If an estate distributor carries out the distribution, he drafts it in the form of a document, which he signs.
When clarifying the property relations of the spouses and when planning the distribution of the matrimonial assets, there is always reason to turn to an attorney, the State Legal Aid Office or another skilled lawyer. At that point it is appropriate also to inquire whether compensation for the litigation costs is obtainable from a legal security insurance (home insurance) or legal aid paid from State funds.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.
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Hank W.
- The Motorhead
- Posts: 29973
- Joined: Sat Jul 06, 2002 10:00 pm
- Location: Mushroom Mountain
- Contact:
Hmmm... I'd think the 6 months starts when they get your signature and make a decision to table the application for the duration. They'll send another official paper then that has the decision and the date when the 2nd application at the earliest can be submitted.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.