In general a couple marrying before 1974 are bound by common law principles assuming marital partnership in their property. Basically the wife is entitled to half of the property acquired during the course of the marriage as long as they lived together under one roof and both put effort into the relationship. The wife need not work outside the home to be entitled to her half share : looking after the home and family is regarded as sufficient contribution. Each side is equally responsible for debts, too.

Accordingly, as a wife, married before 1974, you can file for a declaratory judgment regarding your rights in the Israeli property at the family court. Couples married before 1974 do not have to wait until they divorce to divide up their property. The side in whose name the property is not registered can apply for the declaratory judgment at any time. However, your husband could try to object and attempt to prove that the assumption of marital partnership does not apply in your particular case . If he succeeds, then your will not gain the declaratory judgment you wish.

If your husband does not try to deny the assumption of partnership or his attempt to do so fails, a declaratory judgment clarifying your rights as a wife will be granted. A plea can then be made to divide the property in accordance with the judgment. You can start the proceedings from Europe providing you sign a power of attorney and any affidavits in relation to the action at an Israeli consulate abroad