Partition is a settlement in which the property of the spouses is divided. The need to divide property can be triggered either by divorce or the death of one spouse. The division can be made immediately after the divorce case has been brought before the district court. The division procedure starts after one of the spouses has submitted his or her claim for the division of property. Division is only carried out in situations where the spouses have a matrimonial right to each other's property. If the spouses have entered into a marriage contract and have no matrimonial right to each other's property, the division of property is carried out instead.
The main rule of apportionment
The main rule is that in a divorce settlement, the property of the spouses is divided equally between them. However, there are exceptions to this rule, for example because of a prenuptial agreement. The spouses may themselves carry out the division by dividing their property in accordance with an agreement between them. Alternatively, if the spouses cannot agree on how to divide the property, the division may be carried out by a liquidator appointed by the court to do so.
Property not subject to matrimonial property regimes
Property to which the other spouse has no matrimonial property rights is property which the spouse has earned or received by inheritance, gift or will after the dissolution of the marriage due to the death of the other spouse, and property which the spouse has earned or received by inheritance, gift or will after the divorce proceedings have been brought before the district court.
When can a division be made?
To start a composition procedure, one of the spouses must request it. The division can be carried out immediately after the divorce petition has been filed with the district court. Although there is a six-month reflection period for divorce, there is no need to wait for this reflection period to expire. The division can therefore be carried out as soon as the case is pending.
How is property divided in a partition?
The main rule is that all the property of the spouses is divided equally between them in a divorce settlement. In the division, the spouses' matrimonial property is added together and then divided so that each spouse receives half of the total. In practice, the property is divided so that the spouse who owns more of it pays a dividend to the spouse who owns less. The equalisation can be paid in cash or by giving the other spouse some property. The transferor is free to choose the form in which he or she wishes to pay the balance.
If the spouses have a prenuptial agreement, the division of property is based on the prenuptial agreement. In addition, the division may sometimes be settled on equitable grounds, in which case the division may also not be carried out in accordance with the main rule.
The effect of a prenuptial agreement on the division
The prenuptial agreement affects how property is divided in a division. A prenuptial agreement may have been made to cover all the property of both spouses. If neither spouse has any matrimonial rights to the other's property, the property will be divided instead. In a separation, the property is not added up and then divided equally between the spouses, but each spouse keeps his or her own property.
A prenuptial agreement may have excluded only certain property from the spouses' matrimonial property rights. In this case, a division is made between the spouses, in which all other property is divided equally between the spouses, except for the property excluded by the marriage contract. This property is excluded from the calculation and division.
How will the distribution be delivered?
Spouses have the option of dividing their property between themselves, often with the help of their lawyers. This is called a contractual settlement. In a contractual settlement, the spouses divide their property according to an agreement they have made between themselves. A partition agreement should be drawn up, signed and dated to reflect the date of the partition. In addition, the deed of partition must be authenticated by two unobstructed persons.
The second option for submitting a contribution is a delivery order. In a composition order, the court may, on application, order a lawyer to act as an administrator to make the distribution. Such distributions must also be documented, but in a composition only the executor signs it.
For advice on divorce recommendations, please contact lawyer Santeri Valkamo. You can always call him for a free 15-minute consultation, p. 010 2995090.
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