Common-law partners: rights, duties and a cohabitation agreement

In recent years, more and more couples in Israel choose not to marry through the Rabbinate, yet maintain a full life as a couple. These couples are defined as common-law partners, and even without a formal marriage both sides may have significant legal rights and obligations.

At the Halevi • Levi law office, we accompany common-law partners in arranging property rights, support, wills, inheritances, child custody and financial claims, while preserving their full rights within the framework of the law.

Who are common-law partners?

Under the case law in Israel, "common-law partners" are two partners who maintain:

A shared life as husband and wife

The running of a joint household

An intention to establish a long-term couple's framework

There is no need to prove a particular period of time, but it must be shown that the relationship is stable, genuine and ongoing.

What are the rights of common-law partners?

Property rights

Under the principle of joint ownership, the division of property accumulated during the relationship can be claimed, even if there was no financial agreement. The court will examine whether there was an intention of sharing, and rights in an apartment, savings, a pension and so on can also be claimed.

Support

In exceptional cases, civil support can be claimed between common-law partners, particularly when one of them was financially dependent on the other over time.

Inheritance

If there is no will, a partner recognized as a common-law partner may inherit from the deceased, just like a married spouse. It is therefore important to arrange a clear will, in order to prevent disputes or surprises in the future.

Children

Common-law partners who bring children into the world are subject to the same rules of custody, parenting time, child support and education as a married couple that has divorced.

Why is it important to draw up an agreement?

A common-law partners' agreement (a shared life agreement) is a legal document that makes it possible to determine in advance:

What counts as joint property and what does not

Whether there is joint ownership of an apartment or of other assets

What will happen in the event of a separation

Whether support or other rights will be granted

Such an agreement saves costly legal disputes in the future, and it takes legal effect if it is signed before a notary or approved by the court.

Frequently asked questions

On common-law partners

Is living together enough to be considered common-law partners?

Not always. Living together is an important condition, but an intention of a stable life as a couple, the running of a joint household and an ongoing emotional relationship must also be proven.

Can we be recognized as common-law partners even if we have not registered anywhere?

Yes. No formal registration is required. Recognition is given on the basis of factual evidence (photographs, joint accounts, testimony and so on).

Can property be claimed even if the asset is registered in the name of only one of the partners?

In certain cases, yes. If it is proven that there was an intention of sharing, even an asset registered in the name of one partner alone may be divided.

Is a lawyer needed in order to arrange the status?

Highly recommended. A lawyer well versed in the field can draft an agreement that protects your rights, prevents future disputes, and also provides support when needed in claims or in a separation.

The Halevi • Levi law office: legal support for common-law couples