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Home / If a couple divorce does either of them have any preferential right to stay in the marital home rather than it being sold and the proceeds split between them ?

If a couple divorce does either of them have any preferential right to stay in the marital home rather than it being sold and the proceeds split between them ?

By: דיאנה שאלתיאלPublished on: 02 May, 2022

If a married couple are joint owners of a property each of them has a preferential right over any third party to buy out the other’s share. A third party can only buy the property if the spouse does not wish to exercise his/her preferential right to buy the other spouse’s share. This right is established and protected in the Land Law of 1969. A couple can sell the property by themselves but if there is no co-operation or trust between them then it can be sold through a property receiver who can be appointed by agreement or through the court.


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