Mother Loses Bid to Reclaim Half-Owned Apartment From Daughter
A widowed mother of six from Ashdod, who transferred half her apartment rights to her daughter in 2021, has lost her legal bid to have the transfer reversed. The Ashdod Family Court ruled that the gift was finalized when the property was registered in the daughter's name and dismissed the mother's claim that the daughter had exploited her dependency. The court ordered the mother to pay 35,000 shekels in legal costs.
The apartment, originally acquired through public housing and later registered as a single unit, was physically divided into two dwellings. Following the father's death in 2010, all six children signed waivers, and a rabbinical court ruling in 2020 transferred both units to the daughter's name. The mother had initially agreed to this, stating her daughter cared for her while other children did not, and that the apartment was a reward for her daughter's devoted care.
However, in her lawsuit, the mother alleged her daughter isolated her, cut off essential services, and threatened her with homelessness. She sought to revoke the gift, citing the recipient's "reprehensible conduct" under Israel's Gift Law. The daughter countered that she had paid the mortgage for two decades and that the apartment was promised to her for her caregiving.
Judge Ofra Guy determined that the gift was legally completed upon registration in the Land Registry, rendering the Gift Law's provisions for revoking gifts due to bad conduct irrelevant. The court found no proof of the "comprehensive and fundamental dependency" the mother claimed, which would have invalidated her original consent. The dispute reportedly escalated in 2022, coinciding with the discovery that the apartment was slated for a "Pinui Binui" (evacuation and construction) urban renewal project.
The court noted that while severe dependency, such as denial of food, can invalidate a gift after registration, the mother's claims of isolation from phone and emergency services were not sufficiently proven. The daughter stated the mother's right to reside in the apartment was preserved for her lifetime.
