Israeli Rabbinical Court Rules Wife Entitled to Half of Apartment Won by Husband in Lottery Before Marriage
Translated & summarized from Globes by baba
An Israeli rabbinical court ruled that a wife is entitled to half ownership of an apartment her husband won in a pre-marriage lottery. The husband purchased the apartment for 1 million shekels after their wedding, but the wife contributed half the funds. The court rejected the husband's claim of separate property, citing the purchase occurring post-marriage and the wife's financial contribution. The wife was granted half ownership and the husband was ordered to pay 12,000 shekels in legal costs.
The story in 5 lines · by baba
- An Israeli rabbinical court awarded a wife half ownership of an apartment her husband won in a pre-marriage lottery.
- The husband purchased the apartment for 1 million shekels after the wedding, but the wife contributed half the funds.
- The court distinguished between winning the lottery and purchasing the apartment, noting the purchase was post-marriage.
- The wife's financial contribution and participation in the process supported her claim to shared ownership.
- The husband was ordered to pay the wife 12,000 shekels in legal expenses.
An Israeli rabbinical court has ruled that a wife is entitled to half ownership of an apartment that her husband won in a government housing lottery prior to their marriage. The couple lived together for two years before marrying. During this time, the husband entered the "Mechir Lemishtaken" (Price for the Resident) lottery and won the opportunity to purchase an apartment at a reduced price about a month before their wedding.
Following their marriage, the husband purchased the apartment for one million shekels, with the title registered solely in his name as the lottery winner. The wife contributed half the apartment's price using childhood savings, earnings from her work, and wedding gifts from her parents. She also participated in selecting the apartment and the purchase process. During their eight years of marriage, the apartment was rented out, and the rental income was deposited into a joint account. The couple later purchased a second apartment, which was registered in both their names equally.
Upon their decision to divorce, the husband claimed the "Mechir Lemishtaken" apartment was his separate property because his lottery win occurred before the marriage. However, the rabbinical court rejected this argument, distinguishing between winning the lottery and purchasing the apartment, noting the purchase happened after the wedding. The court also dismissed the claim that the husband's sole registration in the lottery indicated an intent to keep the property separate, accepting the wife's explanation that joint registration as a recognized couple was more complex.
The court further stated that even if the apartment purchase itself had occurred before the marriage, the couple's financing and conduct indicated an intention to share ownership. The court also dismissed the husband's argument that the wife was estopped from claiming half ownership because she declared the second apartment as her only property when applying for a mortgage. The court explained this declaration was made in the context of securing a larger mortgage while the first apartment was solely in his name.
Ultimately, the rabbinical court granted the wife full entitlement to half ownership of the apartment and ordered the husband to pay her an additional 12,000 shekels in legal expenses.
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