Court Rejects Man's Claim to Half of Elderly Woman's Estate

A family court in Petah Tikva has rejected a lawsuit filed by a man seeking to be recognized as the common-law partner of a disabled elderly woman and to claim half of her assets. Judge Moran Walach-Nissan ruled that the man failed to prove they shared a household or intended to co-own property. Consequently, he is barred from returning to her home, must return her car, and has been ordered to pay over 120,000 shekels.

The 74-year-old woman, who never married and has no children, met the plaintiff in 2009 when he was still married to someone else. He later moved into her home. In October 2022, she was hospitalized after a severe injury and brain hemorrhage and has not returned home since. She currently resides in a nursing facility, and the "Gag Lenezdak Vechusah" association serves as the guardian for her person and property.

Following her hospitalization, a legal dispute arose between the man and the woman's brother and her caretakers. The plaintiff claimed they had lived as a couple and shared a household for about 13 years, with full sharing of assets and bank accounts. He asserted entitlement to half her assets under the presumption of joint ownership, including the house they lived in and another apartment she owned.

Conversely, the guardian association sought his eviction from the house and the return of the woman's car. They also demanded he pay approximately 43,000 shekels for storing the contents of the house, which they claimed resulted from his refusal to accept the items. Judge Walach-Nissan dismissed the claim, stating the man did not prove a shared life or household with full asset and bank account sharing. She noted his failure to submit a primary affidavit or summaries, and that the submitted documents did not substantiate his claims.

The court clarified that the parties did not have a joint bank account, did not register assets jointly, and never declared themselves as a common-law couple. The man did not prove he contributed to household expenses. The court found that 75,000 euros he inherited and transferred to her account were insufficient to prove property sharing. The judge emphasized that the evidence presented indicated his "unilateral control" over her assets and income, noting two properties she owned before they met. The woman's desire to distance herself from the man was also given weight, as the judge observed during a visit to the nursing facility that the woman wished for him not to approach her. Medical reports indicated that even mentioning his name caused her distress.

Ultimately, a permanent eviction order was issued, prohibiting the man from returning to the house from which he had already been temporarily removed. He was ordered to return the car within 30 days and pay 43,332 shekels for storage, plus interest. The plaintiff was also ordered to pay 80,000 shekels in legal costs and attorney fees.