מצדה 7 (מגדל ב.ס.ר. 4) בני ברק קומה 41
Sharing property during a divorce
The sharing property is a sensitive and complex topic which is most of the time the main issue during a divorce. Indeed, each spouse wants to reach optimal results and continue his life in economic well-being despite to the fact that this sharing of property affects it.
The Marriage relation law
The article 5.A of the marriage relation law has the principle of balancing the resources between the spouses according to which, with the authorization of the marriage or at the time of its rupture, each spouse has the right to an equal half of all the property of the spouses.
The legislator has an exception to this principle, found in Article 8 (2) of the above-mentioned law, which gives the court the power to circumvent this principle in exceptional circumstances, in cases where the equilibrium exceptionally lacking. It should be noted that the use of this article is not frequent.
What is included with the definition of an “asset”?
The asset includes as a whole all the property that has accumulated from the day of the marriage celebration to the date of cessation of conjugal life (known as the "date of fault"). In the majority of cases, the real estate, cars, common savings, social rights, commercial affairs, companies as well as movable property of the parties that are sometimes of high value are concerned. It should be noted that the property registered in the name of both parties is often divided in the process of dissolution of the community.
For more detailed information about the dissolution of the community regarding a house.
What type of property cannot be divided?
Are concerned property whose ownership has been established to one of the spouses prior to the marriage, donations or estates that were given during the marriage. It should be noticed that, notwithstanding the fact that these assets are indivisible, according to the Matrimonial Relations Act, the behavior of the spouses during their life together could lead the Court to rule that these assets will also be separated between the spouses at the time of the divorce. Hence the importance of signing a marriage contract, whose purpose, among other things, is to absolutely protect property belonging to one of the spouses before marriage and donations and estates.
For more detailed information about marriage contract.
Who can judge a sharing property?
The law in Israel has divided the jurisdiction to judge family cases into two parallel instances: on the one hand, the Family Court, and on the other hand, the Rabbinical Court. These skills may be exclusive judicial powers (such as divorce, which is the exclusive jurisdiction of the Rabbinical Court) or parallel judicial jurisdiction (for example, depending on the category of child support or property).
It should be noticed that the courts cannot judge the same subject at the same time. That is why the first instance to be summoned by a summons will be the one competent to judge all the disputes between the spouses. If a divorce petition has been filed with the Rabbinical Court and the plaintiff appends the property subject, the jurisdiction will be given to the Rabbinical Court. However, if a property summons has been filed in the Family Court beforehand, the Rabbinical Court will not be competent to judge what is relevant to the property.
For more detailed information regarding competencies competition
How are the debts accumulated by the spouses regulated?
Debts created during the marriage are considered as common debts, except debts that are not related to the family fund (such as debts due to illegal bets ...). If one of the spouses incurs a debt to a third party, the third party does not have the right to take legal action against the debtor's spouse unless proved otherwise; subject whose judgment remains complex especially in divorce proceedings.
How the property is shared?
A review of all assets and rights in both spouses’ names, including their value, often through accounting, actuaries, experts and private experts that can evaluate the values of those companies
Make a distinction between shareable assets and assets that cannot be shared according to the law governing matrimonial relations.
3.The asset registered to both spouses’ names will be shared equally between them. Regarding the assets and rights registered separately to the name of each spouse, those assets will be balanced to share them equally.