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Home / I divorced a few years ago following a marital rift connected with the failure of my business. In my divorce agreement I agreed to transfer my rights in the family apartment to my wife – to protect the home from creditors. The agreement was authorized and incorporated into a judgment. My wife has still not transferred my share of the apartment into her name. I want to get my share back . What action can I take to do so ?

I divorced a few years ago following a marital rift connected with the failure of my business. In my divorce agreement I agreed to transfer my rights in the family apartment to my wife – to protect the home from creditors. The agreement was authorized and incorporated into a judgment. My wife has still not transferred my share of the apartment into her name. I want to get my share back . What action can I take to do so ?

By: דיאנה שאלתיאלPublished on: 10 May, 2022

The first option is filing for a division of property as the apartment is registered in two names. However, this is doomed to failure because although the transfer of rights has not been effected Israeli law recognizes Israeli equitable property rights since the Ahranov case. This leaves two possible alternatives – the first is filing for a cancellation of the property part of the divorce agreement relating to the transfer of rights. The second is a plea for a declaratory judgment to state that the ex-husband is entitled to half of the rights in the property even though he is actually registered as owning them at the moment.


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