Court Rules Apartment Belongs to Brother Who Paid for It, Not the One Listed on Title

A Tel Aviv family court has ruled that an apartment registered for over 20 years in one brother's name actually belongs to his sibling. The brother whose name was on the official property registry (Tabu) held the apartment in trust for his brother, who had paid the full purchase price of approximately 900,000 shekels, financed renovations, managed the property, and collected all rental income for more than two decades.

The court favored the brother who paid for the apartment, accepting his explanation that he registered it under his brother's name for convenience while he was living abroad. He presented evidence of his financial contributions, property management, and receipt of rent over the years. The brother listed on the title claimed the apartment was given to him as payment for work done in the United States, but his testimony and evidence were found to be contradictory and inconsistent with his actions as the registered owner.

The ruling highlights that while a Tabu registration is strong evidence of ownership, courts will examine the actual conduct of parties in family property disputes. Factors considered include who paid for the property, who used it, who received income from it, and how the parties behaved over time, especially when formal contracts are lacking.

The court ordered the registered brother to sign the documents to transfer ownership. The brother who proved ownership will be responsible for associated taxes and fees, and the losing brother was ordered to pay 50,000 shekels in legal costs. The article also references other cases where Tabu registration was upheld due to lack of evidence, and others where it was overturned based on financial contributions and long-term behavior.