Division of property
Division of property between separating spouses is a central and important issue in separation and divorce proceedings. In general, in a divorce there are two options of dividing property: the presumption of sharing and the law of Property Relations between Spouses.
Presumption of sharing applies to couples who married up to 1.1.74. Within its content, it is sufficient to prove the existence of cohabitation and common economic effort (even when each one of the parties contributes to the effort in a different way) in order to transfer the burden of proof to the party who desires to rebut the existence of asset sharing. Furthermore, mere registration of an asset in the name of one of the spouses does not prevent applying the presumption of sharing to that asset.
It should be emphasized that the presumption of sharing applies to common-law couples (cohabiting couples) as well as same-sex couples, but there is a greater burden of proof if it is about a couple that were not legally married due to ideology and not because of a limitation under the Personal Law.
- The law of Property Relation Between Spouses applies to couples who have married after 1.1.1974, and sets out a rule of balance of resources on half of the value of the entire assets of the spouses including a house, a vehicle, funds, saving programs, investment and property portfolios, due to divorce and death of one of the spouses, but subject to several exceptions.
Gila Barzili Law Office, handles many and diverse cases of division of property and balance of resources due to divorce or death of one of the spouses.
Issues of property division raise many questions, among them:
- Does a spouse have a right in the apartment in which the couple resided in the course of the marriage which had been given as gift to the other spouse by his/her parents prior to the marriage?
- When a certain asset (for example, a vehicle) is registered in the name of only one of the spouses, and at the time of separation that same spouse sells the vehicle and conceals the consideration, how will the other spouse collect half of the consideration due to him/her?
- How are future economic rights shared - such as pension, insurance and provident funds, which have accrued in the course of the cohabitation - in the event of separation?
Gila Barzili Law Office deals with these questions of property division and many other subjects, and handles the dissolution of cohabitation and maintaining future economic rights, professionally with the required sensitivity and with much success.