My husband bought his own home when he was single, before we met. He bought it without a mortgage, with help from his parents, and it was registered in his name only. We have been married over 10 years now but have decided to divorce. My husband always promised me that I was an equal partner in everything. Do I have rights in the apartment ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022For a spouse to have rights in an apartment registered in the other spouse’s name before they married a special test developed by the Supreme Court must be applied.
Proof of a specific intention for the property to be shared is needed. Without this proof the person in whose name the property is registered will be regarded as the exclusive owner. The test is the same test as that devised by the Supreme Court regarding property received by one spouse by way of gift or inheritance during the marriage – and in which the other spouse claims to have rights.