I am involved in a legal battle with my husband at the rabbinical court. He filed me for divorce and ‘tied’ everything he could to the plea, including our property. Our family home is registered in our joint names. My husband owned it before we married and transferred half of his rights to me soon after we married. I feel the whole atmosphere there is anti-women and I am terrified that I could be thrown out of my home. Is that possible ?By: דיאנה שאלתיאל•Published on: 27 June, 2022
In theory, no, as religious courts must apply civil law regarding property and cannot ignore legislation regarding women’s equal rights. An order to vacate a property in which a person has rights/potential rights cannot be made until the court has ruled on these and the division of the property, and the property is actually to be divided. A husband has no favoured status regarding a couple’s property relations because of the Women’s Equal Right’ Act of 1951, The 1969 Land Law ( which sees both sexes as equal partners regarding property) and the Bavli petition ruling in the 90’s. However, in practice, this has happened.