Other Property - עמיהוד בורוכוב, משרד עורכי דין

Q: My son and his wife are going through divorce proceedings in the Family Court. During their marriage, I transferred a large sum of money to them as a loan, and now his wife (my daughter-in-law) is waving the debt, claiming that the loan was given to my son only. What should I do?

Marriage and Divorce •Divorce Between Jews

A: You must prove in court that the loan was given, and that the loan money was designated and also reached her. In a Judgement issued on 30.5.24, the Family Court in Rishon LeZion (File # 33323-12-21), a similar claim by a woman in divorce proceedings was rejected, as part of a lawsuit filed by the mother-in-law (the husband’s mother) against the couple, for the return of a loan given to them. The family Court there found that the woman’s version that she did not know about the loan that the man received money from his mother or that she was not part of the recipient of the loan, is absurd given the fact that it was proven that the woman received a considerable amount from that loan directly into her bank account, she paid the interest and management fee repayments together with the man, she recognized in real time the loan as a joint debt of the couple, and even offered to “take on” a sum of 200,000 NIS to repay the debt, after the parties’ relationship had run aground.

My husband are in the process of divorcing and the battle over property is at its height. He is a professional footballer, in the twilight of his career. Am I entitled to half of the value of his player’s card ?

Property Rights •Other Property

No ! Usually a player’s card belongs to the sporting association he belongs to, and is not his property. Anyway, where a professional player is nearing the end of his career his card is not so valuable.

My wife and I married a few years ago but already want to divorce. After the wedding I moved into the flat she was living in and had inherited from a relative. It had not been decorated for years. I paid for most of the renovations – new wiring, plumbing and flooring, but repainted the flat myself. Have I any rights in the flat and/or the investment/renovations in it ?

Property Rights •Other Property

Property settlements of couples marrying from 1974 onwards are governed by the Spouses’ Property Relations Act of 1973. Property inherited before or during the marriage is not included in the pool of marital property to be balanced between the spouses on divorce.

Renovations to inherited property can, however, be regarded as joint property if the source of financing is proved by the spouse claiming reimbursement of some of the cost. Where one spouse carried out some of the renovations him/herself he/she may be able to claim back the equivalent estimated cost of the work. The burden of proof will lie on the side claiming re-imbursement.

I married in 1980. I have a valuable stamp collection, some of which I inherited and the rest my own. I have a profitable hobby – stamp dealing. If I divorce will my wife be entitled to part of my collection ?

Property Rights •Other Property

If a couple who marry from 1974 onwards divorce their financial situation is governed by the principles of the 1973 Spouses’ Property Relations Act , unless they have made an agreement otherwise. Basically , property acquired during the course of the marriage is joint, to be balanced between both spouses, unless agreed otherwise or the property falls into one of the exceptions. Property received through inheritance is one of the exceptions. Hence, the part of the stamp collection inherited would be entirely the husband’s upon divorce but the wife would, in principle, be entitled to a half- share in the rest (or its equivalent value) and a half- share in the profits from stamp dealing. It does not matter that stamp collecting is the husband’s own, private hobby and his wife took not interest in it. Clearly there is a problem regarding proof of which stamps were inherited, received by way of gift or purchased, due to the dynamic nature of the hobby, unless the collection was carefully catalogued and all sales were carefully recorded.

I married in 1980. I have a valuable stamp collection, some of which I inherited and the rest my own. I have a profitable hobby – stamp dealing. If I divorce will my wife be entitled to part of my collection ?

Property Rights •Other Property

If a couple who marry from 1974 onwards divorce their financial situation is governed by the principles of the 1973 Spouses’ Property Relations Act , unless they have made an agreement otherwise. Basically , property acquired during the course of the marriage is joint, to be balanced between both spouses, unless agreed otherwise or the property falls into one of the exceptions. Property received through inheritance is one of the exceptions. Hence, the part of the stamp collection inherited would be entirely the husband’s upon divorce but the wife would, in principle, be entitled to a half- share in the rest (or its equivalent value) and a half- share in the profits from stamp dealing. It does not matter that stamp collecting is the husband’s own, private hobby and his wife took not interest in it. Clearly there is a problem regarding proof of which stamps were inherited, received by way of gift or purchased, due to the dynamic nature of the hobby, unless the collection was carefully catalogued and all sales were carefully recorded.