Should we make a prenupt agreement

[Karasik]

Hello Everybody! Haven't been here a long time... Anyways I have a quation on mind...tried to browse themes and didn't manage to find the answer, but still soryy in case I repeat some previous theme.

So... I live with my boyfriend for 2 years already, well a bit more, but this is when I officially moved to Finland. A year ago we bought a house. I was wondering is it possible to make a prenupt agreement, where we could indicate that this house in case of something is devided between both of us. I don't need it to be 50-50, but I have to be sure that I am not just left on the street. We both have other properties, I still have an apartment in Latvia.

And about prenupt itself, where in Finland can we make it? in Latvia it also has to be registered in the government property registry, otherwise it is not valid, how about Finland?

Thanks beforehand

[SaxonManFinland]

Well I am no expert BUT, when I bought a house in Finland mortgage was in my wifes name, but my name was on the house papers as well. The bank knew I was part owner and so did the state (You must each pay to own a house)

After you are married (IN FINLAND) the law is normally 50/50 split, but if your boyfriend is NOT Finnish and still registered as living in another E.U country it is complex.

Pre nups are VERY COMMON in Karalia, where the local Finns marry Russian girls. They have Pre Nups, otherwise the new wife is entitled to 50% of everything (which is unfair) immediately, even if marriage only lasts 1 year.

My advice is GO SEE a FREE Lawyer. Boyfriend will understand, unless he has something to hide.

[rinso]

After you are married (IN FINLAND) the law is normally 50/50 split,

Indeed. If you or your bf want a different arrangement you should take action.
The son (from a former marriage?) makes it more complicated I think.
I don't know if his inheritance is calculated from his fathers share before or after the wedding.
And dealing with laws of different countries isn't easy either.
Best bet is to apply the laws of the country where the money is.

Professional advice is probably necessary.

[Karasik]

my boyfriend is Finnish, but officially he lives in Tallinn. We live in Finland, but are getting married in Latvia. When we were buying the house, well basically taking the loan for that I mentioned to my bf that I would like to be part of everything - including the loan and responsibility, but he then siad about the tax reduction and so on and so forth. It didn't really matter to me then I was just excited to get our own place. The bank knew that there were two people, but officially my name is not mentioned anywhere, neither in the ownership, nor in the loan papers.
Making a prenupt agreement was really my idea...I still have property in Latvia that I want to stay mine and later to be given to my kids, and I don't want any rights on my bf's property.
But I guess I will have to seek some professional advice...if it is possible to keep all our properties separate, except this house

[enk]

After you are married (IN FINLAND) the law is normally 50/50 split,

Don't believe this, I did and am getting shafted because of it left and right. To date
I have no right to: the plot of land we were supposed to be building our house,
even though the loan is in both of our names AND I've paid the grand majority of the
fecking loan off, the shares that I gave him the money to buy, etc.

Do a prenup and do it quick. Put EVERYTHING in both of your names; there's no
excuse for doing anything else before you get scr*wed over like I did.

-enk, who after 13 years of marriage has nothing else to her name besides
3 kids, a broken down car and a pile of debt. Yippee.

(EDIT: 13 years of marriage, it just felt like 16)

[luulio]

YES.

[Hee]

Have the loan and papers changed so that they are in both of your names. It takes a bit of paper work, but if they're not in your names and you get no receipts from your partner to prove you have paid a share, you have nothing.

[Tiwaz]

After you are married (IN FINLAND) the law is normally 50/50 split,

Don't believe this, I did and am getting shafted because of it left and right. To date
I have no right to: the plot of land we were supposed to be building our house,
even though the loan is in both of our names AND I've paid the grand majority of the
fecking loan off, the shares that I gave him the money to buy, etc.

Do a prenup and do it quick. Put EVERYTHING in both of your names; there's no
excuse for doing anything else before you get scr*wed over like I did.

-enk, who after 13 years of marriage has nothing else to her name besides
3 kids, a broken down car and a pile of debt. Yippee.

(EDIT: 13 years of marriage, it just felt like 16)

Question, you did not sign up anything during process of divorce and/or marriage you did not understand?
And did you get married in Finland?

You cannot legally not hand out 50% of everything in divorce without prenupt, in which case you may be left hanging.

However, there may be possibility that there are prior legal technicalities in some cases. Paper in which my father turned over all forest etc over to me, stated in it that no existing and/or future partner of mine may have any share in the owned land.

But since you bought the land, it's different case.

As for OP and child. If you are married without prenupt you are entitled to your half in divorce and death. Children are entitled to rest in case of death. With testament this may be changed, but children must receive at least their legal share. Which is, if I read laws correctly, half of what they would entitle in other case.

So in case of OP she could receive (assuming there will be only one child) 3/4 of property as single child of husband may not receive less than 1/4. However, this requires valid testament.

Also, widow cannot be thrown out from mutual home of widow and his/her spouse. This is something OP should notice, if husband is officially not living with her in the new house... It may not count as mutual home, and thus could be divided upong request of children.

[rinso]

my boyfriend is Finnish, but officially he lives in Tallinn. We live in Finland, but are getting married in Latvia.

My bf has never been married, but he has a child

I still have property in Latvia that I want to stay mine and later to be given to my kids, but not to my bf son

This call definately for professional advice. And since it involves at least 3 countries, I doubt if this will be handled by a free layer.

but he then siad about the tax reduction and so on and so forth.

Oh, what a wicket web we weave.

[Travmies]

Unfortunately, your boy friend is not telling you the total truth

Unlike the UK, when you live with a partner / lover for 6 months you are entitled to a certain amount of your partners assets.

In Finland you are not.

Unless, your name is on the loan or the house you will get nothing, however, it is better if it is on the loan. This will guarantee you 50% of the houses assets.

[karen]

We bought our house before we were married and both of our names were on the loan. My husband has paid all of the mortgage and takes the tax credit. There have been a few years when the tax office decided to attach the credit to my tax return, but we submitted revisions and it was straightened out. Either your boyfriend doesn't know what he's talking about or he's not being completely honest. I'd think a pre-nup is the very minimum you would want in this case.

[Hank W.]

Either your boyfriend doesn't know what he's talking about or he's not being completely honest.

"Living in Finland" but officially residing in Tallinn

[Karhunkoski]

Unfortunately, your boy friend is not telling you the total truth

Unlike the UK, when you live with a partner / lover for 6 months you are entitled to a certain amount of your partners assets.

Absolute bollocks.

The last I read, some years ago, the UK government was so concerned about the persistance of the "common law wife" myth, that they were considering a special education programme to dispel these false assumptions. I don't know if they ever did.

[Travmies]

Absolute bollocks.

Well, the common law wife concept under British common law is a myth.

However, there is a complex legal system to create a level playing field for both partners

[Hank W.]

Well, the common law wife concept under British common law is a myth.

Darn, and I was excepting a lucrative trade selling wives at the market.

I think the idea of "assets during" are shared is pretty commonplace. It is just if a "golddigger" marries and then demands half of the acquired they will get a rude surprise in Finland, and as people "fend for themselves" such things as "alimony" for the spouse are pretty unknown.