ositusmenetelmät

Ositusmenetelmät refer to the legal procedures and principles used in Finland to divide marital property upon divorce or death. These methods are governed by Finnish law, primarily the Act on the Division of Marital Property (Avioliittolain omaisuuden ositus). The fundamental aim of ositus is to ensure a fair and equitable distribution of assets and debts accumulated during the marriage.

There are two main types of ositusmenetelmät: ositus (division) and perinnönjako (distribution of inheritance). An ositus is typically performed when a marriage ends in divorce. In this process, all marital property, which includes assets acquired by either spouse during the marriage, as well as debts incurred by either spouse, is inventoried. This property is then divided, taking into account each spouse's contributions and needs. If one spouse has significantly more assets, they may be obligated to compensate the other financially.

Perinnönjako, on the other hand, occurs when a spouse dies. In this situation, the surviving spouse's right to half of the marital property is determined first. The deceased spouse's remaining property then forms their estate, which is distributed to their heirs according to the law of inheritance or a will. Similar to divorce ositus, debts are also considered and divided.

The process of ositusmenetelmät can be voluntary, where spouses agree on the division themselves, or it can be legally mandated through court proceedings if an agreement cannot be reached. A formal written agreement, signed by both parties and often notarized, is required to finalize the ositus. If disagreements persist, a court-appointed administrator may be involved to facilitate the division.