Registering a deed of division of property in debt recovery situations

Division of property refers to the distribution of matrimonial property when the marriage ends. It can be carried out after the death of the other spouse, or after a divorce has been filed.

The purpose of the division of property is to determine the property subject to marital rights to property and to divide equally it between the spouses. If the spouses have had a prenuptial agreement, it is possible that there is no marital right or that it is only partial. The contents of the prenuptial agreement should be checked before making the division of property.

The division of property is documented in the deed of division prepared as part of the process.

Registration is only advisable when the other spouse has transferred more of their property than they have been obliged to transfer. In fact, if they subsequently go bankrupt or go through debt recovery procedure, the spouse who has received the property in the division may be subject to a recovery claim. Registration may provide protection against such claims.

You can request us to register your deed of division of property at any time after the division of property.

No, because registration requires the original deed of division of property.

Yes, unless they are a lawyer, a public legal counsel or a licensed legal counsel.

A notary public working at the Digital and Population Data Services Agency may be a witness in the deed. In the largest service locations, it is possible to obtain two public notaries as witnesses for a deed of division of property. Two witnesses cannot be obtained in Raahe, Kemi, Joensuu, Savonlinna, Pietarsaari, Porvoo, Raasepori, Salo or Rauma.

Make a reservation for the Notary Public service in our reservation system. Please mention in your reservation if you wish one or two Notary Public to act as witnesses.  A fee is charged for certifying the authenticity of the signatures. If you want us to provide both witnesses, we charge EUR 68 (4 x EUR 17) for the service.

No, and the registration has no effect on the validity of the division.

The registration may provide a protection in the division of property against the recovery claims of the creditors of the spouse who transferred the property in bankruptcy or debt recovery procedure.

The Digital and Population Data Services Agency does not verify the content of the deed for division of property. The Digital and Population Data Services Agency registers all deed of division of property containing the information necessary for the register.

If the marital right has been completely excluded from both, the division of property cannot be concluded. Instead, the separation of the property of the spouses is carried out.

If the prenuptial agreement is limited to certain property, such as property acquired as inheritance, a division of all property other than that excluded by the prenuptial agreement is concluded. Other property outside marital rights will be separated.

As a rule, there is no need for registration, as both spouses keep their own property in the separation. However, if one of the spouses absolutely wishes to register a deed of division of property, we can register it.

The document has probably been sent to the tax authorities. You can request a new copy from them. 

The Digital and Population Data Services Agency is rarely asked to register deeds of division of property.

You can send the request by email or by phone.

Please provide the information below for processing of the matter.

• In what capacity are you placing the order (may affect the extent of confidentiality of the contract): 

1. My own contract.
2. I am an heir, and I need an extract for estate inventory.
3. I am a member of The Finnish Bar Association, a public legal aid attorney or a licensed trial counsel.
4. I am the other party's agent and I have a power of attorney (NOTE! Attach the power of attorney to your reply message).

• Whose contract is in question (indicate the name and date of birth of both parties of the contract)
• When the contract has been registered (indicate at least month and year)
• Where the order will be delivered 
  • Company as an orderer (postal address)
  • An individual as an orderer (postal address or e-mail address): If you want the documents by e-mail, please also state your phone number in order for us to send a secured e-mail. When your order has been sent, you will receive a PIN code via SMS to open the message. 
• To which address the invoice will be delivered 
  • Company as an orderer (postal address or online invoicing information, also state the invoice reference) 
  • An individual as an orderer: Personal postal address: The invoice will be sent as a separate delivery either as an electronic invoice, Suomi.fi message, to OmaPosti service or by paper mail, if you do not have any of the mentioned channels in use
• If the extract goes to estate inventory, the invoicing information of the estate.

A fee will be charged for the extract.