Housing Issue

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heretostay
Posts: 637
Joined: Sat Apr 08, 2017 12:54 pm

Re: Housing Issue

Post by heretostay » Sat Jul 23, 2022 11:51 pm

If spouses are divorced and there was no prenup on file prior to that then each spouse is entitled to 50% of the marital assets. There is not any time limit to claim this as shown in this link, it can be claimed still after death even decades after divorce is final. Divorce finalization and division of marital property are different and separate processes in Finland. See link:

https://www.minilex.fi/a/milloin-ja-mit ... %A4v%C3%A4

In Finnish but google translate should be enough



Re: Housing Issue

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network_engineer
Posts: 858
Joined: Wed Nov 26, 2003 10:21 am

Re: Housing Issue

Post by network_engineer » Mon Jul 25, 2022 9:20 pm

heretostay wrote:
Sat Jul 23, 2022 11:51 pm
There is not any time limit to claim this as shown in this link, it can be claimed still after death even decades after divorce is final. Divorce finalization and division of marital property are different and separate processes in Finland. See link:
https://www.minilex.fi/a/milloin-ja-mit ... %A4v%C3%A4

In Finnish but google translate should be enough
Thanks, that's all right, I can manage Finnish.

The OP had asked for something along the lines of "...what happens if something happens to the other party...".

So, in that sense,´perintö (inheritance)´ and ´ositus (division)´ are two different things. If the question is about ´Perinto´, the remaining former spouse gets nothing if the divorce is already final, or even if it has been filed IIRC. All children are equal inheritors.

´Ositus´ (division) remains a right, i.e. the property ownership remains until the ownership is taken control of, i.e. if something happens to the other party, the remaining party's rights to the property are not lost. And is not time-bound.
heretostay wrote:
Sat Jul 23, 2022 11:51 pm
If spouses are divorced and there was no prenup on file prior to that then each spouse is entitled to 50% of the marital assets.
While that is the law and technically correct, I can assume the reason "why" the other party (ex-partner) is probably refusing or delaying the process.

As I have said earlier: The OP has herself stated that she has not paid anything for the house, neither the repayment NOR the other financial obligations. In such case, the ex-partner has paid the OP's share of the loan, maintenance, and possibly taxes.

So, the issue remains why after paying back the mortgage and the other associated costs, the ex-partner is still be obliged to pay to gain the share for which they have already paid.

If numbers and an example helps?

Let's suppose the house costs 100.000e. Each partner is responsible for 50.000e of the loan.

IF the ex-partner has repaid 90% (i.e. 90.000e) of the mortgage share, AND the property taxes and maintenance for *both PARTIES* and now to pay again to buy the other share from the OP, the ex-partner has to pay another 50.000e at least.

I.e. the total cost to the ex-partner is now

90.000e (money paid off) +
50.000 (to buy the share of the property) +
2-4% registration charges

In direct costs. This is not difficult to fathom, I guess this is the reason why.

One possible solution is what I wrote in my previous post.
Last edited by network_engineer on Wed Jul 27, 2022 7:06 pm, edited 5 times in total.

Flossy1978
Posts: 1395
Joined: Tue Oct 09, 2007 3:38 pm

Re: Housing Issue

Post by Flossy1978 » Tue Jul 26, 2022 9:33 am

*
Last edited by Flossy1978 on Thu Jul 28, 2022 5:06 am, edited 1 time in total.

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network_engineer
Posts: 858
Joined: Wed Nov 26, 2003 10:21 am

Re: Housing Issue

Post by network_engineer » Wed Jul 27, 2022 4:19 pm

Flossy1978 wrote:
Tue Jul 26, 2022 9:33 am
My question about if he died whilst I was still on the mortgage and deeds applies to my 50%.
I tried to answer this before. Does this help?

Ex-partner's share: Becomes inheritance portion. If the divorce is final, the ex-spouse(s) do not get anything. All children remain equal inheritors.

Your share and ownership: Nothing happens, your ownership remains [by default]. However, in theory, this can be challenged in the court and affected IF the inheritors prove that you have not paid your share of the loan (mortgage), property taxes, and maintenance [and therefore the whole property is inheritance].
Flossy1978 wrote:
Tue Jul 26, 2022 9:33 am
I do see myself having lost a fortune because I have not been able to have cheaper housing due to having been stuck on a home helping someone else.
The counter-party (ex-partner) may argue a similar point, i.e. the ex-partner can claim to have suffered financial and other pressures having to repay your share of the full mortgage, property taxes, and maintenance costs in order to avoid bad credit for them.
Flossy1978 wrote:
Thu Jul 21, 2022 7:42 am
There is no documentation regarding our divorce, other than the basic paper "you are divorced". No official paperwork.
Flossy1978 wrote:
Tue Jul 26, 2022 9:33 am
Our divorce was done properly.
Is there a conflict here? In one of the earlier post, it states "no official paperwork", in the next post, it states, "Our divorce was done properly".

You should contact a lawyer, possibly for arbitration as that might be acceptable to all parties. And see the last post on the first page for possible solutions


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