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Issues in the distribution of property of non-residents - voila! Sentence

2022-11-27T06:14:45.371Z


Foreign citizens who own property in Israel who are in divorce proceedings are required to settle property matters with the Israeli court


"If the parties signed a financial agreement beforehand, then it is the determining factor" (Photo: ShutterStock)

Recently, attorney Deborah Calderon, who deals in family and real estate law, represented a couple of French Jewish citizens who were divorced and owned property in Israel. Based on a precedent ruling, attorney Calderon was able to help the woman win half of the property despite the husband's refusal.



"These are citizens and residents of France who own property in Israel, who did not report this to the French government. The couple divorced in France, and did not own property in France, nor did they initiate property division procedures, and moreover the husband indicated to the wife that she did not deserve any share of the shared family property in Israel ", Attorney Calderon says.



Following this, the woman contacted her office and asked to look into the issue.

"After researching, I found that there is a ruling that describes in detail a similar case, which was discussed at the Tel Aviv Family Court, in which it was claimed that the judge accepted the woman's position, and in addition, I found that Israel has the authority to discuss property matters in its territory. Indeed, in the case I represented, there was an expectation that The Israeli court will deal with the property issues and not the foreign court - in particular because no property proceedings were initiated in France, and although the couple did not have Israeli citizenship or residency, the existence of the assets was enough to bind them to Israeli law."



What is the innovation in the ruling that tipped the scales in favor of the woman, who tried to evict her from the family assets?



"The innovation is the binding of foreign citizens to Israeli law and the possibility to discuss the division of property in Israel. In the past, the court would refer them to their country of origin and direct them to discuss these matters there, whereas now after the ruling, the court has acquired the authority to discuss property matters of residents and foreign citizens , who can come to Israel and start the procedure."



What options are available to a couple divorcing in France to settle their financial affairs?



"They should open parallel proceedings in France and Israel, when in Israel a court will discuss the division of the property, while in France a court will discuss the other matters, such as child support and the division of the property located in France."

How can the property division procedure be implemented in practice in Israel?



"In practice, in Israel, a property lawsuit is opened in the family court, which requires the defendant to appear and file a statement of defense. Like any other Israeli, the defendant must respond and participate in the legal process, and if he does not cooperate, it will be possible to receive a judgment in the absence of a defense, as in any another case".


Attorney Calderon explains that in order to implement the procedure, it is important to be represented by an Israeli lawyer who speaks the native language of the represented, so that he can represent them in front of the legal system and show them the risks and consequences involved in the procedure, as well as outline for them an optimal taxation path regarding the distribution the property and help them find creative solutions.



Is there recognition of previous financial agreements in this kind of procedure? In what ways can the property be divided?



"If the parties have signed a financial agreement beforehand, then it is the deciding factor. However, the starting point is that the division should be equal. As for the roads, in some cases a request can be submitted to the court to dissolve the partnership, so that all the assets will be sold and each party will receive half of the proceeds. Of course, it is necessary to pay the tax payments to the tax authority and the loans if there are any, and only after paying all the expenses, the proceeds will be divided equally."



Another option for dividing property is balancing resources.

"For example, if a couple has four apartments, then each party will receive two apartments. Of course, the value of the assets and the value of the mortgage on the assets must be checked. Another option is for the couple to remain the owners of the assets, so that they can rent out the assets and share the rent received. In my opinion, an option This is less convenient, since during separation it is better to separate all resources."



Attorney Calderon emphasizes: "It doesn't matter which option you chose.

In any case, it is necessary to contact a real estate appraiser who will assess the value of the properties.

The lawyer accompanying you will refer you to a real estate appraiser so that you can balance your resources and embark on a new path."



Attorney Deborah Calderon deals in family law and real estate law.

For a consultation call and additional details, you can contact



the firm's legal website page at

072-3100796. The



article is courtesy of Zap Legal



. The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation to take or avoid procedures.

Anyone relying on the information in the article does so at their own risk

  • Sentence

  • Real estate and real estate

Tags

  • property

Source: walla

All news articles on 2022-11-27

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