Knowledge Base

Property Rights

Home / Can a wife have rights in the marital home even if the husband bought it before they were married ?

Can a wife have rights in the marital home even if the husband bought it before they were married ?

By: דיאנה שאלתיאלPublished on: 10 May, 2022

Yes, sometimes, depending on the circumstances. Although property owned before marriage usually remains individual and not communal, the wife may have equal rights in the marital home if the marriage is long-established and it is the only real estate owned by the couple, even if the husband purchased it before they married. The Supreme Court held this was so in the Hadari case in the nineties where the husband had purchased the family home a year before they married. The husband had received possession of the apartment just before the wedding and the couple had lived in it throughout their marriage. The wife had worked and earned no less than the husband. In these circumstances, it was held, the wife had equal rights in the home as the principles of marital partnership – which apply to couples married before 1974 –applied to the case.


* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.

Skip to content