Family Lawspace Division Of Prpperty

DIVISION OF PROPERTY

One of the important and complicated issues in a divorce proceeding is the division of property between spouses. The general rule is the equal division of assets accumulated during the marriage in case of separation or divorce and the courts will often not lend importance to the registration of the asset or right on only one of parties names. As noted above, property which one of the spouses had before marriage or property received during the marriage by gift or inheritance, will not be included in the common property. Even if the asset was originally not common property it may be proven that the asset become common property by proving the intent of the owner to change the status of the asset. Debts which accrue during a couple`s life together are generally considered joint debts. There is also an exception to this rule whereby if it is possible to demonstrate that the debts were created only by one spouse and that these duties not related to the family unit (such as gambling, buying presents for a mistress) then the debt will not be considered a joint debt.
It is important to note that the law in Israel only applies to couples who married after 1974.
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