Divorce and property

[hiworld]

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.

[betelgeuse]

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]

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?

Get in touch with a a lawyer.

That's a good idea in any case.

[betelgeuse]

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]

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]

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...

[ajdias]

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]

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]

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!