Marital rights to the property of the former spouse may be lost after divorce – a time limit will be imposed on marital rights to property

Marital rights to property may now expire

Marital rights to property mean that both spouses have the right to obtain half of the spouses’ combined property when their marriage ends. Marital rights may be ruled out in full or in part by means of a prenuptial agreement. 

Under the new act, marital rights to property expire 10 years after the divorce decision or the annulment of the marriage. Marital rights to property will not expire if the marriage ends with the death of a spouse. 

Expiration can be prevented with an agreement

The spouses can agree on a longer period of validity of marital rights. The agreement must be registered with the Digital and Population Data Services Agency or the State Department of Åland before the end of the time limit for the marital rights to property. 

“If there is little shared property, the division of property may be a smoother solution. If the amount of the shared property is larger, the spouses may want to agree on extending the validity of the marital rights,” says Chief Specialist Paula Ojaniemi from the Digital and Population Data Services Agency. 

Advisable to clarify the situation in time 

The amendment applies both to future marriages and marriages and registered partnerships that have already ended previously. The time limit for marital rights to property depends on when the marriage has ended. If the marriage has ended before 31 May 2021, the marital rights will expire on 31 May 2031 at the latest. 

If the marital rights to property expire and the property has not been divided, the division of property can no longer be done. In other words, the wealthier spouse does not need to transfer any adjustment to their former spouse. In this case, the former spouse is also no longer a shareholder in the estate of their former spouse.   

"The aim of the legislative amendment is to clarify situations in which the distribution of property remains undone for a long time. Long delays may cause unclear situations, for example, when there are new relationships and in inheritance situations,” says Ojaniemi. 

Text highlight box 1: What action should be taken now? 

If your marriage has ended and the distribution of property has not been carried out, do as follows: 

1. Find out when your marital rights to property expire.
2. Decide with your former spouse what you will do: will you carry out the division of property, will you let the marital rights to property expire, or will you agree on an extension of marital rights to property.
3. If you conclude an agreement, ask the Digital and Population Data Services Agency or the State Department of Åland to register it well in advance. 

Text highlight box 2: How to conclude an agreement concerning the expiration of marital rights to property

For the agreement to be valid, it must be:

• in writing
• dated 
• signed 
• witnessed by two disinterested witnesses
• registered. 

Text highlight box 3: The agreement must be registered before the marital rights to property have expired 

• If your marriage ended on or after 1 June 2021, marital rights to property expire 10 years after the date of the final decision on the divorce or annulment of the marriage.  
• If your marriage ended before 31 May 2021, marital rights to property will expire no later than 31 May 2031.