I married in 1980 and want to divorce but my husband is trying to prevent this because he does not want me to get anything from his business, which he started up immediately after we got married. I think he may even try to transfer property owned by his business into his brother’s name to avoid me getting it. What are my rights and what can I do ?
By: דיאנה שאלתיאל•Published on: 02 May, 2022Firstly, a couple who married after 1974, when the Spouses’ Property Relations Act came into force, are bound by the principles of equalization or balancing it introduced. Basically, the act defines which property is common property and which is individual property. Assuming that the couple never made any legal agreement governing property, then all the common property acquired during the course of their marriage is to be balanced out them. Anything individually owned before the marriage, or inherited or received as a gift at any time remains personal property.
Thus a business which was established during the marriage and which developed throughout this period is joint property, even if it is run by the husband and registered in his sole name. Thus, the wife has rights in the business.