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Property Rights

Home / I have decided to divorce my husband after discovering that he had been having an affair for years but plan to file him for a division of our marital property first . We have a bank account in joint names and he has one just in his name. I have been looking through his papers and found a statement from his private account. I was shocked to see a monthly payment to a mortgage bank . We do not have a mortgage on our home. When I confronted him he admitted that this was for a studio flat in an apartment hotel – for his mistress. I do not know whether it is in her name or his and whether he alone is paying for it. My question is when the court decides our case will I have any rights in this studio flat ?

I have decided to divorce my husband after discovering that he had been having an affair for years but plan to file him for a division of our marital property first . We have a bank account in joint names and he has one just in his name. I have been looking through his papers and found a statement from his private account. I was shocked to see a monthly payment to a mortgage bank . We do not have a mortgage on our home. When I confronted him he admitted that this was for a studio flat in an apartment hotel – for his mistress. I do not know whether it is in her name or his and whether he alone is paying for it. My question is when the court decides our case will I have any rights in this studio flat ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

In principle, a wife has rights in property acquired during the course of her marriage, even if it is in her husband’s name. This principle applies to a studio apartment bought wholly or partially by her husband during the course of their marriage – even if it is registered in a third party’s name (e.g. the mistress’s) providing she can prove that he invested money in its purchase . Her rights in it will depend on the degree to which her husband contributed towards the purchase of the property – and her success in proving this .

For example, if the husband alone financed the purchase of the apartment, then the wife should be entitled to half the rights in it. On the other hand if the mistress also contributed financially towards its purchase, then the wife will either be entitled to 50% of her husband’s share in the apartment or 50% of his part of the sale value of the apartment , whichever is higher.

It makes no difference if the husband’s contribution towards the purchase of the apartment came from the bank account in his name only, or from the joint account.


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