A few years ago my husband and I bought a house built on a plot of land. About a third of the money for buying the property came from the sale of an apartment my husband had before we married. About 2/3 of the money came from a mortgage loan we took out together. I have always worked outside the home. If we divorce, will I be entitled to part of the home which is registered in his name only?By: דיאנה שאלתיאל•Published on: 12 May, 2022
Yes – in this case a wife would be entitled to at least a third of the property, but she would also be responsible for half of the outstanding mortgage loan . As a third of the property was financed by the sale of property registered in her husband’s name only before their marriage, this will remain his.* The remaining two thirds is covered by the mortgage loan taken out jointly by the parties so that each will have a third ownership here. Accordingly, the wife will have rights to a third of the property and the husband two thirds. The unpaid mortgage loan will be the equal, and joint responsibility of the parties.
* Only in “long” marriages will the wife have any possibility of claiming half of the rights to property owned by the husband before they married.