Miscellaneous - עמיהוד בורוכוב, משרד עורכי דין

I have just finished the army, and celebrated my 21st birthday . I want to live with my parents, but one of them objects. Am I legally entitled to live with them ?

Property Rights •Miscellaneous

No ! A child over the age of 21 does not have a legally protected right to live in his parents’ home. Accordingly if his parents, or one of them, object to him doing so, for whatever reason, then he has no legal cause against them. Furthermore, if he is asked to leave the house, or if legal action is taken to make him leave if he refuses, he will have no defence

What happens if a couple who split up want to divide up the house contents but cannot agree on who gets what ?

Property Rights •Miscellaneous

The principles relating to the allocation of house contents between a couple ending their relationship are governed by the Immoveable Property Law of 1971. This states that each partner is entitled to request the division of joint property. If there is an agreement between them limiting this right then the court can order the division of the property despite this, if it regards this as right in the particular circumstances.

It adds that the property should be divided according to agreement between the partners but failing that according to a court order . The court can a) just decide who should get each item or b) can order their sale and divide the proceeds or c) divide it in another way which it regards fair and efficient in the circumstances.

The family court thus has a wide range of options should the couple fail to reach an agreement about their house contents.

I would like to buy a particular property but am worried because the man selling it is not registered as the owner at the Lands Registry. He has shown me an original contract he made to purchase the property with the heirs who inherited it from their mother. The property is still registered in the late mother’s name. The “owner” says these relatives are at each other’s throats and never obtained a probate order after their mother’s death. Because of this, the “owner” says, he could not get transfer title to the property into his name at the Lands Registry. I want to buy the property but am worried about buying something that I might not be able to register in my name. Is there a legal solution ?

Property Rights •Miscellaneous

There is a solution but it will take time and money. If the property is purchased from the present “owner”( a contract signed and money paid) what will actually be bought are contractual or obligatory rights, and not property rights, as title was never transferred to the present owner. Courts now recognize such rights as binding but to proceed a judgment will have to be obtained from the district court where the property is located declaring the new purchaser as the owner. After this is obtained, the new owner can register himself as such, providing any relevant taxes are paid up. To gain this judgment an inheritance order is needed saying that the relatives inherited certain rights to the property and were able to sell/pass on those rights. The best option is to seek the co-operation of these relatives, ideally getting them to sign a paper saying they have no objection to the new purchaser being registered as the owner.

My wife and I own a beautiful, pedigree dog that we raised from a puppy after we got married. My wife and I are in the process of divorcing. We have no children. We can manage to reach agreement on just about everything – our apartment, its contents, savings – apart from our beloved pet, to whom we are both extremely attached. Neither of us is willing to consider giving up the dog. What is likely to happen ?

Property Rights •Miscellaneous

A family pet acquired during the marriage is ‘joint property’ and the court can decide on its fate when it deals with a plea to divide the couple’s property when the parties cannot reach an agreement amongst themselves. In principle the court can order the sale of joint property and the distribution of the proceeds of its sale between the parties. While it would be within its powers to do so regarding a dog over which the parties were ‘fighting’ it could equally opt for a more humane – or canine – option by ordering both parties to have ‘mutual custody’ over the pet so that it could spend its time between both owners.

My wife and I own a beautiful, pedigree dog that we raised from a puppy after we got married. My wife and I are in the process of divorcing. We have no children. We can manage to reach agreement on just about everything – our apartment, its contents, savings – apart from our beloved pet, to whom we are both extremely attached. Neither of us is willing to consider giving up the dog. What is likely to happen ?

Property Rights •Miscellaneous

A family pet acquired during the marriage is ‘joint property’ and the court can decide on its fate when it deals with a plea to divide the couple’s property when the parties cannot reach an agreement amongst themselves. In principle the court can order the sale of joint property and the distribution of the proceeds of its sale between the parties. While it would be within its powers to do so regarding a dog over which the parties were ‘fighting’ it could equally opt for a more humane – or canine – option by ordering both parties to have ‘mutual custody’ over the pet so that it could spend its time between both owners.

Even when the court decides what each party is entitled to in principle, when there is a division of family property, following a divorce in a long standing marriage, how is this actually calculated in practice, where it becomes complicated , with lots of financial interests involved , and only guidelines provided for in the judgment ?

Property Rights •Miscellaneous

The services of a suitable professional, such as an accountant or even more so an actuary, where calculations are needed, and rights realized /cashed in early etc, are needed . The parties can apply to court for an appointment of such a professional.