Understanding Property Regimes in Estonia
Under the Estonian Family Law Act (Perekonnaseadus - PKS), the default matrimonial property regime is joint property (varaühisus). This means that assets acquired during the marriage are considered joint property, regardless of whose name they are registered under.
What is Joint Property?
According to § 26 of the PKS, joint property includes all assets acquired during the marriage, as well as income derived from professional activities. It also encompasses joint claims and obligations. Upon divorce, joint property is divided equally between spouses, regardless of the individual financial contribution to the acquisition of the assets.
What is Separate Property?
Separate property (§ 28 PKS) consists of assets that do not form part of the joint estate. This includes:
- Pre-marital assets: Property owned by a spouse before the marriage.
- Inheritance and gifts: Assets acquired through inheritance or as a gift during the marriage, unless the donor or testator specified otherwise.
- Personal items: Items intended for the exclusive personal use of one spouse.
- Substituted assets: Assets acquired in exchange for separate property or compensation received for separate property.
Why the Distinction Matters
The distinction is vital during divorce or asset division. Separate property remains with the owner and is not subject to division. Conversely, joint property is divided equally unless a prenuptial agreement (abieluvaraleping) has been signed to establish a different regime.
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