I am married to a woman I lived with before we married. Soon after we met, but before we started living together, her father helped her buy an apartment which is registered in her name only. He gave her most of the money for it –and she took out a small mortgage which is still paid from her account even though we are married. If we divorce, will I have any rights in it ?By: דיאנה שאלתיאל•Published on: 27 June, 2022
The principle is that because the property was owned before one party before marriage, it remains that party’s individual property. If, however, the couple cohabited and it was acquired during this period then the other party can have rights to it if it is proved that they fit the definition of cohabitees and there was a general or specific intention of partnership between them.
In your situation as described it does not appear that you were cohabitees when the property was purchased and, therefore you do not have rights in it. However, as the mortgage is still being paid during your marriage – even though from your wife’s account only – you will be entitled to a sum equivalent to half of the mortgage repayments made during your married life together.