Our minor daughter is 100% disabled and permanently in a wheelchair. My husband and I wanted to buy a car so that we could take her out and applied for a tax exemption available for the disabled. As the process was extremely slow we decided to buy the car without the exemption and register it in our daughter’s name. We did so – even though we had meantime separated because of marital problems. I have custody over our daughter. My husband and I are locked in a divorce dispute . He demands half of the value of the car. Is he legally justified in doing so ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022
Not necessarily. In an ordinary situation where a husband and wife buy something and register it in one or both of their names this property is joint. Where, however, they decide to buy something ( e.g. an apartment or car ) together and register it in the name of their child they have effectively given the minor a gift, regardless of whether the child is disabled or not. Once a gift requiring registration (such as an apartment or car) is registered in the recipient’s name by the couple then the transfer of the gift is complete – and the item is no longer part of their marital property. Neither of them can then demand or claim part of it.
If, however, one or both of the parents wants to restore their rights in the property which were transferred to the child then a plea must be made to the court and the General Guardian will be the respondent. If only one parent makes the plea and the other objects he/she is the respondent in the case. Court authorisation is required for any deeds relating to the property rights of a minor. In the circumstances described above, where the car was registered in the name of a minor child because she was disabled and it was intended to enable her to be mobile, it is almost certain that the husband’s plea will be rejected.