Divorce and property division are two different actions. Divorce is a civil status operation, during which only the data of the divorce is entered into the population register. This means, among other things, for example, the end date of the marriage, as well as the changed marital status and the entry of the surname in the population register. A certificate of divorce is issued to both divorcing parties upon request. An application for divorce by agreement of the parties can be submitted to the vital statistics office or a notary public.

Property division is a separate action aimed at dividing the property acquired during the marriage. In the case of property for which a mandatory notarization formal requirement is prescribed (immovable property), an agreement must be concluded at a notary. Other assets can be divided among themselves by free choice (by oral, written or some other form of agreement). Since notaries also register divorces, then it is possible to immediately turn to a notary only to perform both actions.

If no common property was created during the marriage, or the property does not include real estate or other property entered in state registers, and the spouses have no disagreements, it is not necessary to contact a notary.

The types of property relationship in Estonia are joint ownership, separateness of property or set-off of assets increment. The valid property relationship can be checked in the marital property register.
In the case of marriages concluded before 01.07.2010, the relationship between the spouses is governed by the provisions on community property, unless the marital property agreement concluded before 01.07.2010 stipulates otherwise. In the case of marriages concluded from 01.07.2010, the parties to the marriage choose the marital property relationship valid for them when submitting the marriage application.
The types of property relationship are described below.

Joint property
Property acquired during marriage belongs equally to both spouses and is jointly owned by them.
Things acquired during the marriage, such as a purchased vehicle, house, apartment, as well as all everyday objects, belong to the joint property of the spouses. The spouses decide on the property jointly: in order to sell, give away, rent or lease the property, the consent of both spouses is required.
Without your spouse's consent, you can cover your own and family's usual expenses: pay household expenses, buy food, etc.
The spouse's personal items of use, the property he/she owned before the marriage and the property received during the marriage as a gift or property obtained by inheritance or other free disposal, as well as the property that the spouse has acquired using such property does not become joint property (for example, if one spouse has sold a painting received as an inheritance and bought the received a gold item for money, it belongs only to him or her and does not become joint property).
Upon divorce, joint property is divided equally between the spouses.

Set-off of assets increment
The property belongs to the spouse who acquired the property. Spouses are financially independent, but the economically weaker spouse has greater guarantees.
Things and other property purchased during the marriage belong to the spouse who acquired the property. Thus, the spouse who acquired the property can make further transactions with it independently, for example, sell, lease or rent the property. They do not need the consent of the other spouse to make transactions.
However, spouses can only make transactions related to joint housing together, here both parties' consent is required.
At the end of the property relationship, the added part of each spouse's property is offset and the added property is divided equally between the spouses. During the marriage, the spouse who earned less can claim from the other spouse half of the value of the property by which the other is more enriched in money (not in objects). At the end of the property relationship, the added part of each spouse's property is offset and the added property is divided equally between the spouses.
Example: 100,000 euros have been added to the husband's property during the marriage, 75,000 euros to the wife's property. At the time of divorce, the husband's property is thus 25,000 euros greater than the wife's property, and the wife has the right to claim half of the 25,000 euros, i.e. 12,500 euros.
Offsetting the added part ensures greater guarantees for the economically weaker spouse at the end of the property relationship.
Gives spouses greater financial independence, but maintains clear guarantees for the economically weaker spouse.

Separateness of property
Things and other property acquired during the marriage belong to the spouse who acquired the property. Joint property is not created, the consent of the other spouse is not required for further transactions with the property. Spouses are financially independent from each other. Spouses are jointly responsible for expenses incurred to cover the family's normal needs.

Marital property agreement
The marital property agreement regulates the property obligations related to the marital relationship. With the marital property agreement, the spouses can determine which property acquired by the spouses or to be acquired in the future is the joint property of the spouses and which is the separate property of the spouses, i.e. property that belongs only to one spouse, who can freely decide on its fate. It is also possible to determine the compensation or monthly support to be paid to the spouse upon divorce with the marital property agreement. A marital property agreement can be concluded during or before the marriage, but in this case the marital property agreement will only come into force upon marriage. Marital property agreement allows:

• replace the selected property relationship with another;
• terminate the selected property relationship;
• conclude other agreements permitted by law.

A marital property agreement can only be signed at a notary and in person. This cannot be done through a representative. The notary advises the spouses on signing the agreement, drafts the agreement and explains what is related to the payment of the state fee. The marital property agreement is entered in the marital property register, the data of which is public.
The marital property agreement ends upon the termination of the marriage, the signing of a new marital property agreement or a court order.
Additional information can be found on the website of the Chamber of Notaries.

Yes, the property relationship chosen upon marriage can be changed during the marriage with a marital property agreement. The conclusion of a marital property agreement may also be necessary in a situation where you have decided to divorce but the divorce has not yet entered into force, in order to regulate property transactions in the period between the adoption of the decision, the filing of the petition for divorce, and the day of the divorce.
In order to conclude a marital property agreement, you must contact a notary public.

Notary
It is possible to apply for matters concerning the division of property to a notary for a consultation. The fee does not apply to the consultation if it is followed later by a transaction at the same notary. The competence of the notary is to find out the composition of the joint property, to advise the spouses on matters related to the division of property, and to confirm the relevant agreements in the form of a transaction. In case the question or problem is beyond the competence of the notary, the notary will instruct who should be contacted next.

Paid legal aid
Paid legal aid in matters of property division can be obtained from law and attorney offices.

Free legal aid
People living in Estonia whose average gross income is less than 1,200 euros can get legal aid free of charge and under favorable conditions. The service is provided by OÜ HUGO in cooperation with the Ministry of Justice.
To receive the service, the person in need must pay a co-payment of 5 euros. For this, you can get two hours of legal advice, either by meeting on the spot or, with the person's consent, via video bridge or by phone. The following three hours of legal advice can be obtained at a discounted price of 45 euros and 75 cents per hour. With few exceptions, legal advice is provided in all areas of law.
OÜ HUGO lawyers answer legal questions in Estonian and Russian on the legal aid portal forum Jurist Aitab.
Additional information can be found from the website of the Ministry of Justice.

Family Law Act

Law of Property Act

Marital Property Register Act

Code of Civil Procedure

Notary Fees Act

Family law (Ministry of Justice)

Property relations of spouses (Jurist Aitab)

Family law proceedings (Chamber of Notaries)

Divorce and legal separation (portal Your Europe)