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The couple married in a civil marriage in 2014. Before their marriage, the two were in a relationship for about three years, after which they separated, but renewed the relationship near the time of their marriage.
The couple had a child together.
The wife is represented by attorney Einbar Lev, who stated, in the statement of claim, that in 2016 the couple purchased an apartment in Eilat for the amount of NIS 1.44 million.
According to attorney Lev, the two maintained a joint bank account into which their salaries were deposited, but at some point the husband stopped depositing his salary, and a debt balance was created in the account.
In order not to be sued by the bank, the couple took out a loan of NIS 210,000, which is paid in monthly repayments of NIS 1,250 per month.
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In the statement of claim, Adv. Lev described at length the conduct of the husband in the married life, which included, according to her, physical, verbal and financial violence. She also claimed that her wife decided to separate from her husband, after discovering that he was using drugs.
Found out that he uses drugs/ShutterStock
The husband filed a statement of defense, in which he denied the wife's claims of violence.
According to him, the woman does not deserve even half of the value of the apartment, because most of the money paid so far for its purchase, came from his own pocket.
According to the husband "his money was taken from him and wasted during five years of deception and fraud on the part of the plaintiff".
He also expressed opposition to an equal division of the negative assets, which the wife had accumulated in their joint account, including the loans taken out by her alone, claiming that she used these funds to gain an advantageous position, while planning the divorce from him in advance.
The husband, as mentioned, also filed a lawsuit on his behalf against the wife, in which he claimed that the wife came to the marriage with heavy debts and many creditors, and he, who wanted to start a new page with his marriage, served as her lifeline and covered all her debts.
In the lawsuit, the husband detailed the financial path that led to the purchase of the disputed apartment.
According to him, the first apartment he owned was sold by him in 1997. That year, he purchased another apartment with the proceeds, and in 2015, close to the birth of their child together, he sold it as well, and with the proceeds, in 2016, the disputed apartment was purchased.
According to him, for the purpose of purchasing the apartment, a mortgage of NIS 860,000 was taken, which he began to pay from his personal account in 210 consecutive payments of NIS 5,000 per month each.
According to him, only during the last year and a half, as a planned move by the defendant, the mortgage began to be paid from the joint account.
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According to the husband, the apartment was purchased solely with his money, for which he worked for many years, but it was also registered in the wife's name, as this was an explicit requirement of the bank in order to obtain a mortgage.
He also claimed that the woman had no ability to purchase an apartment, due to her past financial entanglements.
"No bank would give her a shekel"..." according to him. Therefore, the husband asked the court to deviate from an equitable division and to determine that the wife deserves nothing and a half from the apartment, or to divide the price of the apartment in unequal parts, since "the wife does not deserve a reward In
the statement of defense to the husband's claim, the wife, through attorney Lev, confirmed the plaintiff's descriptions of how the apartment was purchased from the financial aspect.
However, according to her, the monthly payment of the mortgage loan is paid from the joint account.
As for the equity invested by the husband in the apartment, it is claimed in the statement of defense that it has no meaning, since the plaintiff decided to share this equity with the defendant and purchase a residential apartment jointly.
According to Adv. Lev, the purchase agreement is enough to teach about this.
In the closing of the statement of defense, the woman asked the court to rule on the division of the property unequally in her favor, as she also requested in her statement of claim. Vice President of the Court of Family Affairs in Eilat, Honorable Judge Mordechai ( Moti) Levy, stated in his judgment that since no financial agreement was signed between the parties and since there was no proof of property separation between them, then the entire mass of financial assets accumulated by them belongs to the entire family unit.
According to Judge Levy, he did not find any reminder of accounting for payments that were paid, during the couple's marriage, from an account with a personal identity, such as from 'my account' or from 'my private account.' from the mass of financial assets of the family unit".
Adv. Inbar Lev/Anat Kazola
As for the husband's claim that the proceeds from the apartment should be balanced in unequal parts in his favor, since "the wife does not deserve a reward for her behavior", the judge stated that from these words it is quite clear that according to the husband's method, the wife deserves rights in the apartment.
As for the husband's claim that the apartment was registered in both of their names only because the mortgage bank demanded it, the judge stated that this claim was not supported by any evidence, no mortgage bank official was summoned and no procedures were attached to support this claim.
The judge noted in his ruling that according to the husband's own descriptions in his lawsuit, there is no doubt in his heart that at the time of the purchase of the apartment, the husband saw the woman as his bosom wife for many years to come, and the registration of the apartment in the name of both of them in equal parts is an expression of a good lifestyle and a correct relationship.
In light of all this, the judge ruled that the woman gets 50 percent of the value of the rights and obligations in the apartment.
According to lawyer Inbar Lev, in the vast majority of cases where a dispute arises over the ownership of assets between spouses, the ruling determines according to the registration of ownership.
That is, in almost every case where assets are registered to only one of the spouses, the court will not challenge the registration, and will order the assets to be transferred to the spouse in whose name the property is registered.
Only in rare cases, where the property is registered to both spouses, and when the purchase of the property took place close to the separation, and only when one of the spouses contributed significantly more to its purchase than the other, will the courts rule differently.
The author is attorney Einbar Lev, she deals in the field of family law, mediation, wills, inheritance and estate disputes, and is ranked among the leading family law firms in Israel according to 100DUNS.
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