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Can a husband make a will depriving his wife of property acquired during their marriage, including an apartment which is registered entirely in his name ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

Firstly, property which was acquired during the parties’ marriage is, prima facie, joint property, even if it is registered in only one party’s name. The fact that the other spouse is name does not appear does not take away his/her legal rights in it. The testator can only bequeath what he owns. In most situations he may actually be legally entitled only to a 50% share of the property, and not 100%, even if it is registered solely in his name.

Accordingly, the wife will be entitled to half of the apartment, even though she is not registered as an owner. Thus, the husband is only entitled to do what he wishes with his rights in the property – i.e. in his will he has absolute discretion as to whom he wishes to bequeath all his rights, which are 50%. Thus he is perfectly free to leave them to someone else, and not his wife.

If, however, the property was acquired during the marriage and registered in his sole name, but for, example, was acquired by way of gift or inheritance, the situation will be different, and he will own 100% rights in it, and he will be free to bequeath all of them as he wishes.


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