Supreme Court Overturns Ruling Requiring Man to Transfer Penthouse to Ex-Partner
Translated & summarized from Ynet by baba
Israel's Supreme Court has ruled that a businessman is not obligated to transfer his penthouse to his former partner, overturning a lower court's decision. The District Court had based its ruling on a WhatsApp message, but the Supreme Court deemed it a revocable gift commitment. The case involved a property dispute between the couple who lived together for two decades. The Supreme Court's decision means the man retains ownership of the penthouse.
The story in 5 lines · by baba
- Supreme Court ruled a businessman does not have to transfer his penthouse to his ex-partner.
- A WhatsApp message stating the penthouse "will be registered in your ownership" was deemed a revocable gift.
- The District Court had previously ordered the penthouse transfer based on the WhatsApp message.
- The couple were common-law partners for about two decades and have children.
- The case involved a property dispute, including a New Year's Eve note and the WhatsApp message.
The Israeli Supreme Court has overturned a lower court's decision that would have compelled a businessman to transfer his penthouse apartment to his former partner. The District Court had previously ruled that a WhatsApp message sent by the man to his ex-partner, stating the penthouse "will be registered in your ownership," constituted a binding commitment to gift the property. The Supreme Court, however, determined that the message was, at best, a commitment to give a gift, from which the man was legally entitled to withdraw.
The case originated from a property dispute between the former couple, who lived together as common-law partners for approximately two decades and have shared children. The dispute centered on two key documents: a New Year's Eve note and the WhatsApp message. The woman initially sought half of all assets accumulated by the man during their relationship, citing a presumption of joint ownership. The man argued for a separation of property.
The Family Court initially sided with the woman, ruling that a New Year's Eve note, stating all accumulated property was 100% shared, established joint ownership for assets registered solely in the man's name. This ruling was later reversed by the Tel Aviv District Court in February 2026. The District Court found that a property separation regime existed between the parties and that the note was unreliable, partly because the woman had been concealing a romantic relationship with a friend of the man at the time.
Despite this, the District Court then surprisingly ordered the man to transfer the penthouse based on the WhatsApp message. The Supreme Court, hearing an appeal, reversed this decision. Justice Yael Vilner, joined by Justices David Mintz and Gila Kenafy-Steinholtz, ruled that even if the message was a valid commitment to a gift, the man had legally retracted it. The court also noted that the woman had not initially claimed the message was a gift, suggesting she did not perceive it as such. Furthermore, the court deemed the message too brief and lacking in details to demonstrate the man's serious intent and full commitment to transferring ownership.