{"id":3038,"date":"2022-11-10T04:44:47","date_gmt":"2022-11-10T04:44:47","guid":{"rendered":"https:\/\/www.avivitmoskovich.co.il\/service\/%d7%97%d7%9c%d7%95%d7%a7%d7%aa-%d7%a8%d7%9b%d7%95%d7%a9\/"},"modified":"2022-11-30T11:52:17","modified_gmt":"2022-11-30T11:52:17","slug":"division-of-property","status":"publish","type":"service","link":"https:\/\/www.avivitmoskovich.co.il\/en\/service\/division-of-property\/","title":{"rendered":"Division of Property"},"content":{"rendered":"

Dividing up property between the spouses<\/strong>
\nDividing up property between divorcing couples is one of the most complex, sensitive, and momentous issues in a divorce; in fact, it defines the financial futures of each side.<\/p>\n

The method used in dividing up property in Israel depends on the date of the couple\u2019s marriage.<\/p>\n

The legal nature of joint ownership<\/strong>
\nIf the couple has married prior to January 1, 1974 (the effective date of the Property Relations between Spouses Law), the spouses are bound by the law relating to joint ownership which states that all property and assets acquired during the marriage, irrespective of how it is registered, belongs to both spouses on account of their joint efforts.<\/p>\n

Such a case involves immediate proprietary joint ownership. During the course of the marriage the spouses acquire the proprietary right to the property itself; therefore each can demand his\/her share at any time. Joint ownership applies to all rights and property, including business assets.<\/p>\n

The Property Relations between Spouses Law<\/strong>
\nFor couples that have married since Jan. 1, 1974, the provisions of the Property Relations Law shall apply. In other words all property accumulated from the day of their marriage up until the date of their split<\/strong> shall belong to both sides in equal portions.<\/p>\n

Naturally this is assuming the sides have not signed a property relations agreement, while still married, stipulating otherwise.<\/p>\n

We shall review a number of differences between the nature of joint ownership, for couples that have married before Jan. 1, 1974, and the Property Relations Law that applies to couples married after Jan. 1, 1974.<\/p>\n

In contrast with joint ownership, in which each spouse can claim his\/her portion of property, for couples married after the effective date of the Property Relations between Spouses Law, there is a delayed balancing of resources. In other words a spouse can demand his\/her portion only in the event that the marriage is nullified due to divorce or death.<\/p>\n

According to the Property Relations between Spouses Law \u2013 all property accumulated during the course of the marriage is divided equally between the spouses; however all property originating from before the marriage and\/or benefits paid as a result of corporal damage and\/or property received as a gift or inheritance belongs to the spouse who brought the property into the marriage, unless otherwise agreed upon.<\/p>\n

Indeed, according to the Property Relations between Spouses Law, ownership of property obtained by a spouse prior to the marriage is rightfully that spouse\u2019s; however a change might be made in this rule in the future.<\/p>\n

A number of examples:<\/strong>
\nToday one finds in the record of legal rulings that: Despite a woman bringing an apartment that she owns into the marriage while the couple upgrades the property (renovations funded by joint monies or a mortgage backed by joint monies), the courts have ruled that each spouse is to be compensated for all monies he\/she has contributed to improving\/financing the property; furthermore, in certain cases of material participation, the courts have even ruled that the property is jointly owned.<\/p>\n

We have also witnessed rulings in which joint ownership has been applied at the same time as the Property Relations between Spouses Law. In other words the court has the power (and we have seen it do so) to apply the couple\u2019s intention to share property on all monies acquired before the marriage. Stated otherwise, the court assesses the evidence and if it is convinced that the sides intended the property to be jointly owned\u2014despite being acquired prior to the marriage\u2014it will rule the property as being jointly owned.<\/p>\n

Listing the property in the name of one of the spouses<\/strong>
\nWe must stress that the fact that all property is listed in the name of one of the spouses does not deny half-ownership of the property by the other spouse. Based on legal precedent, the property\u2019s listing is not the crux of the matter.<\/p>\n

Still, in such a situation one should consider requesting interim measures in the form of confiscation or injunctions. This is because the risk that the spouse under whose name the property is listed might sell the property, without the other spouse\u2019s knowledge, is high.<\/p>\n

Spouses\u2019 residential apartment<\/strong>
\nIn the case of an apartment there are two conventional solutions for divorcing couples:<\/p>\n