Israeli Supreme Court Rules Woman Entitled to Half of Husband’s Registered Home After Divorce

The Israeli Supreme Court recently ruled that a woman is entitled to half the rights in a residential property registered solely in her husband's name following their separation. The couple divorced after 25 years of marriage and 35 years together. The home in question, located in Kiryat Ono, was purchased in 2006 during their marriage and registered under the husband's name. The wife inherited a separate apartment from her mother in 2018, which was registered solely in her name.

The husband claimed the home was his personal property, bought with funds gifted by his late father, and was not subject to division. The wife argued that the property was a clear family asset due to their long shared life, her active role in selecting and renovating the home, and that all renovation invoices were in her name. The Family Court initially awarded her half the property, finding that the home was partially funded by joint marital funds transferred to the husband's father, and that the husband had represented the property as shared. The court also rejected the husband's claim that the home was a personal gift and distinguished it from the wife's inherited apartment.

The husband appealed to the District Court, which upheld the ruling, and then petitioned the Supreme Court. Justice Alex Stein denied the husband's appeal this week, emphasizing that upon marriage dissolution, spouses are generally entitled to half the value of all shared assets except those brought into the marriage or received as gifts or inheritance. He noted that proving shared ownership of external assets requires evidence beyond the marriage itself, such as joint financial investments or explicit promises. However, for the marital home, the evidentiary burden is lower but still requires proof beyond mere marriage.

Legal experts commented that the ruling clarifies that a home used as the marital residence can become jointly owned even if registered to one spouse alone, especially when both partners contribute and treat it as their shared home. At the same time, the court maintains balance by not extending this presumption to other separate assets like inherited properties. The wife was represented by attorney Eitan Shalev Sulkin, and family law expert attorney Yehudit Meisels highlighted the ruling’s significance in recognizing shared rights in marital homes under certain conditions.