My husband and I are separated and have a separation/divorce agreement authorized in court, although we have yet to officially divorce . I have stayed in the marital home but he has moved into other property we bought during our marriage and own – with his girlfriend. I am worried that my rights in this property might be at risk, although he assures me that they are protected, and says he has made a property relations agreement with his live-in girlfriend . Are my rights in this property protected ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022Yes ! A married woman’s property rights in marital property – even if she is separated – are protected by law , and even if they are partly registered in her name, or not at all. They can be reinforced by an authorized separation agreement between her and her husband.
Accordingly, your rights in the property that your estranged husband is living in with his girlfriend are protected irrespective of any agreement your husband has made with her. In this, he is only free to make agreement regarding his part of the marital property, and cannot make any agreement regarding his wife’s rights in marital property.