Yitshak Cohen, ‘Property Sharing Arrangements in Israeli Family Law – A New Model’

Abstract:
The arrangement for balancing marital resources in Israel is set forth in the Property Relations between Spouses Law (hereinafter Property Relations Law). This arrangement was established to replace the presumption of sharing that had applied until 1973. The presumption determined that all of the spouses’ property was jointly owned and shared from the beginning of the marital relationship, and that there was no need to wait until the termination of a marriage in order to share property. The presumption of sharing therefore allowed claims for unregistered rights in family assets, failed to maintain certainty of property ownership and value, and did not protect the interests of third parties. In contrast, the Property Relations Law creates a separation of property between spouses during their marriage. Sharing begins only upon termination of the marriage. Thus the spouse who is not a registered property owner according to the Land Registry (hereinafter an unregistered spouse) is not entitled to co-ownership, but to half of the property’s financial value when the marriage ends and assets are distributed. These two provisions of the law prevent claims for unregistered property rights, maintain certainty with respect to property ownership, and protect the interests of third parties …

Cohen, Yitshak, Property Sharing Arrangements in Israeli Family Law — A New Model (July 4, 2017). 7 International Journal of the Jurisprudence of the Family 129 (2017).

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