Court Rules Apartment Belongs to Brother Who Paid for It, Not the One Listed on Title
Translated & summarized from N12 by baba
The story in 5 lines · by baba
- Court awarded apartment to brother who paid for it, not the one on title.
- Plaintiff paid 900,000 shekels, financed renovations, and collected rent for 20 years.
- Registered owner claimed apartment was payment for work, but evidence contradicted this.
- Court considered long-term conduct and financial transactions in family property dispute.
- Tabu registration is strong evidence, but not always decisive in family cases.
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, who provided the funds for its purchase and maintenance. The court determined that the brother listed on the official property registry (Tabu) held the apartment in trust for his brother.
The plaintiff, who was living abroad at the time of the purchase, paid approximately 900,000 shekels for the apartment and also financed its renovation. He managed the property, collected rent, and presented himself as the de facto owner for more than two decades. His brother claimed the apartment was given to him as payment for work done in the U.S.
The court favored the plaintiff's account, citing the significant discrepancy between the registered owner's claim and his actual behavior. If the apartment had been given as payment for work, the brother would have been expected to benefit from it directly, collect rent, or manage it. Instead, the plaintiff demonstrated consistent ownership behavior over 20 years, which the court found more credible than the registered owner's defense.
While the ruling emphasizes that Tabu registration is strong evidence of ownership, it also highlights that in family disputes, courts will examine financial transactions, property use, income collection, and the parties' long-term conduct. The registered brother was ordered to sign the documents to transfer ownership and pay 50,000 shekels in legal costs.
Read the original at N12