Brazilian Woman Wins Court Battle for Half of Israeli Apartment After 30 Years
Translated & summarized from Globes by baba
A Brazilian woman who moved to Israel 30 years ago after marrying a blind Israeli man has won a court battle for half ownership of the apartment they lived in. The court voided an Israeli prenuptial agreement and recognized her claim to the apartment based on repeated promises from the husband's parents. This ruling came after the husband's mother had previously evicted them from the apartment, and his sister inherited the family's assets.
The story in 5 lines · by baba
- A Brazilian woman was awarded half ownership of an Israeli apartment after a 30-year marriage.
- The court voided an Israeli prenuptial agreement signed by the couple due to duress and deception.
- The wife's claim was based on repeated promises from the husband's parents to provide them with an apartment.
- The ruling recognized the wife's significant personal sacrifices in moving to Israel and marrying a disabled man.
- The court deemed the family's attempt to dispossess the wife after 30 years as extremely bad faith.
A Brazilian woman who moved to Israel 30 years ago after marrying a blind Israeli man has been awarded half ownership of the apartment they lived in, in a ruling that overturned attempts by the husband's family to dispossess her.
The couple met in Brazil in 1987 when the man's parents, seeking a partner for their 29-year-old blind son, introduced him to a 20-year-old law student. She agreed to marry him and move to Israel based on a promise of financial security. They signed a "partial property sharing" agreement in Sao Paulo and were married civilly two weeks later, moving to Israel.
Shortly after arriving in Israel, they signed a prenuptial agreement in Hebrew that stipulated complete asset separation, contradicting the Brazilian agreement. The wife converted to Judaism, they had two daughters, and lived together until 2016 when the husband suffered a stroke. Following their separation, the wife sued to nullify the Israeli prenup, claiming she signed it without understanding the language and based on misrepresentations that it mirrored the Brazilian agreement. The court agreed, voiding the prenup due to duress, deception, and mistake.
Despite the prenup's annulment, the husband's mother had previously sued to evict the couple from her apartment, winning the case. The wife and daughters were forced to leave, and the husband moved into a hostel. After the mother's death, the husband's sister inherited the family's assets, including five apartments, a shop, and cash.
In 2021, the wife filed a new lawsuit seeking recognition of her co-ownership of the apartment, arguing she only agreed to leave her country, religion, and family for the marriage based on the parents' repeated promises to buy them a home. She claimed they returned to Brazil for a year when the promise wasn't kept, but returned to Israel in 2001 after a renewed promise of an apartment. They lived in the apartment, registered under the parents' names, for 17 years, during which the wife chose specifications, designed, and renovated the home, believing it was theirs. The parents allegedly explained the registration was to avoid impacting the husband's welfare benefits.
The husband supported his wife's claim. The Family Court ruled in favor of the wife, a decision upheld by the District Court. The courts acknowledged this as an exceptional case, noting the heavy burden of proof for claims contradicting property registration and the requirement for written agreements for property transactions. However, they recognized the "cry of justice" and relied on the wife's testimony that she would not have left her life behind without the promise of a home, especially given the husband's blindness and 100% disability. The court found the family's attempt to renege on the promise after nearly 30 years of marriage, leaving the wife potentially homeless, to be extremely bad faith. Consequently, the husband and wife were recognized as co-owners of the apartment.