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"Corrected the Injustice": The Great Rabbinical Court returned to the man who betrayed his share of the common property | Israel today

2021-11-24T17:28:35.441Z


After the district court ruled in favor of the wife and dispossessed the husband of all their joint property, the grand court accepted the man's appeal, intervened in the ruling in an exceptional manner and returned his share of their joint apartment • Attorney Amy Bonnie Bechor: Remember that state law prevails "


The Grand Rabbinical Court recently decided to accept an appeal from a man who betrayed his wife and the Tel Aviv Regional Court decided to deprive him of all his property as part of a divorce proceeding.

Following an undeniable betrayal by the man, the couple began divorce proceedings.

In the district court, the father was surprised to discover that because of the same betrayal, the court concluded that their joint property - in which the apartment in which they lived and another apartment for investment, belonged exclusively to the mother.

With regard to the investment apartment, it was decided that it was an asset that the woman brought with her to the marriage and as to the joint apartment in which they lived during their marriage, the district court ruled that it would be transferred entirely to the woman, after accepting her claims that she brought the plot before .

The man, who will be represented by attorney Amy Bechor, argued in his defense that there is no divorce law in the law and therefore even if it is a betrayal he admitted, it has nothing to do with property division. Rules.

The husband, for his part, claimed that he was involved in all stages of construction and invested a lot of money out of his own pocket, while taking out loans, and that in any case there is a reason for sharing - a house where both spouses live together and raise their children for years.

One third of the house is registered in the name of the husband, while two thirds is in the name of the wife, who claimed that this was done only for the purpose of taking out a mortgage and that it was a fictitious registration.

Adv. Amy Bechor, Photo: Inbal Marmari

The Grand Rabbinical Court decided to intervene in the ruling in an exceptional manner and partially granted the appeal.

Rabbi Eliezer Igora, Rabbi Shlomo Shapira and Rabbi Michael Amos stated in the ruling that the apartment for investment would remain in the woman's possession because it was a property belonging to her exclusively, while the ownership of the joint apartment would remain as registered.

Meaning - the husband will be entitled to a third of the apartment in which I live: "Investment in a property fully registered in the name of one of the parties proves the intention to create a partnership - and in the absence of other evidence probably means a partnership in equal parts." 

Advocate Amy Bonnie Bechor, a family law expert, responded that "the Tel Aviv Regional Rabbinical Court did the unbelievable and evicted a man from a shared residence due to treason. To date we have seen reverse court rulings that a woman loses property in light of infidelity. The Regional Rabbinical Court in complete lack of authority while repealing state laws. The Financial Relations Law stipulates that assets purchased jointly, probably those that are jointly registered in the tax register, will be divided between the spouses. The regional rabbinical court overturned the law in the wake of a ruling. "

She added that "the Great Rabbinical Court rectified the injustice after a long struggle and restored sanity. While determining according to the law of financial relations and regardless of infidelity. There is no divorce in Israel and the rabbinical courts must stop and not take the law into their own hands. The courts must remember that law "The state is growing. As long as they do not act in this way, lawyers act in legal chaos when in the end the one who pays for long and expensive proceedings is the small citizen, not to mention the time and mental anguish. I am glad I was able to bring sanity back to the system."

It should be noted that in similar cases that have occurred with women in the past, in which the courts ruled under Hebrew law and deprived the woman of property, the Supreme Court ruled unequivocally that civil law (Matrimonial Law and Equality of Women Law) prevails over religious law in this matter. Basic and democratic values.

Now, the Great Rabbinical Court is also reversing the ruling regarding men.

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Source: israelhayom

All news articles on 2021-11-24

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