Dissolution of joint ownership in an apartment: what happens when spouses separate?

At the time of a divorce or a separation between spouses, one of the most complicated questions is what to do with the shared apartment, which is usually the most valuable asset they own. In cases where no agreement is reached, it is possible to turn to a proceeding for dissolution of joint ownership in real estate.

What Is Dissolution of Joint Ownership?

Dissolution of joint ownership allows each of the spouses to demand the sale of the apartment and the division of the proceeds, even if the other party objects to this. This is a proprietary right. That is, every co-owner is entitled to demand the end of the joint ownership, apart from certain exceptions.

How Is the Dissolution Carried Out?

By agreement: through a divorce agreement that includes a division of the asset.

In a legal proceeding: when there is no agreement, the court may order the sale of the apartment through a receiver, or transfer it to one of the parties subject to payment of the value of the other party's share.

And What About Minor Children?

When minor children live in the apartment, the courts also examine the best interests of the minor. In certain cases the dissolution of joint ownership may be postponed, so as not to harm their stability.

At the Halevi law office we specialize in conducting claims for dissolution of joint ownership, in negotiations towards agreed arrangements, and in protecting our clients' property rights.

Pension Rights in Divorce: Not What You Thought

At the time of a divorce, it is not only physical assets that are divided. Pension rights, benefits and provident funds are also part of the resource balancing.

Which Rights Are Included?

Pension funds (old and new)

Managers' insurance policies

Provident funds and further-study funds

Budgetary pension

Rights to severance pay (in certain cases)

How Is the Share Due to Each Party Calculated?

The calculation is made on the basis of the rights accrued during the years of the marriage alone. The law also permits the division of future rights, by means of an order for the division of pension rights that is approved by the court.

Why Is It Important to Act Correctly?

A failure to divide pension rights may cause losses of hundreds of thousands of shekels. Even if the spouse has not yet retired, your rights for the future can be determined today.

At the Halevi law office, we are well versed in the financial, legal and actuarial aspects of the division of pension rights.