Yhteisomaisuuslainsäädäntö

Yhteisomaisuus is a matrimonial property regime in Finnish law under which assets acquired during a marriage are generally owned jointly by both spouses. The aim is to secure economic balance between partners by recognizing shared ownership of the wealth accumulated during the marriage. The regime can be chosen or modified by agreement, such as a prenuptial or postnuptial agreement, and its specifics depend on the applicable statutes.

Under a typical yhteisomaisuus regime, assets acquired during the marriage, including income, real estate, savings, and investments, become joint property. There are important exceptions: property owned before the marriage, gifts or inheritances designated to one spouse, and certain personal compensation or damages awarded to one spouse may remain separate property. Some funds or purchases can be traced to separate sources, which helps determine whether an item should be treated as joint or separate property.

Management of joint property usually involves both spouses, and significant decisions—like selling or encumbering major assets—often require mutual consent or a clear agreement. Debts incurred during the marriage may also fall under the regime’s scope, affecting the joint estate.

Dissolution of the marriage typically leads to an equal division of community property, while each spouse retains their separate property. If a couple has a prenuptial or postnuptial agreement, or if a court adjusts for special circumstances, the division may differ from the default.

In practice, couples may modify or exclude yhteisomaisuus through formal agreements, allowing a range of arrangements from fully separate property to hybrid solutions tailored to personal circumstances.