Dissolution of Joint Ownership in an Apartment – What Happens When You Separate?
At the time of a couple's divorce or separation, one of the most complex questions is what to do with the jointly-owned apartment – which is usually the most valuable asset they own.
At the time of a couple's divorce or separation, one of the most complex questions is what to do with the jointly-owned 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 the dissolution of joint ownership of real property.
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 it. This is a proprietary right – that is, each co-owner is entitled to demand the termination of the co-ownership, except for certain exceptions.
How Is the Dissolution Carried Out?
By agreement – through a divorce agreement that includes the division of the asset.
Through legal proceedings – 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 consider 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 Halevi • Levi Law Office we specialize in handling claims for the dissolution of joint ownership, negotiations toward agreed arrangements, and protecting the property rights of our clients.
Pension Rights in Divorce – Not What You Thought
At the time of divorce, not only physical assets are divided – pension rights, benefits, and provident funds also form part of the resource balancing.
Which Rights Are Included?
Pension funds (old and new)
Managers' insurance
Provident funds and further-education funds
Budgetary pension
Rights to severance pay (in certain cases)
How Is Each Party's Share Calculated?
The calculation is carried out based only on the rights accrued during the course of the marriage. The law also allows the division of future rights, by means of an order for the division of pension rights approved by the court.
Why Is It Important to Act Correctly?
Failure to divide pension rights may cause losses of hundreds of thousands of shekels. Even if your spouse has not yet retired – your rights for the future can be determined today.
At Halevi • Levi Law Office, we are well-versed in the economic, legal, and actuarial aspects of dividing pension rights – and we will make sure you receive what you are entitled to.
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