Sharing Between Spouses in Inherited Assets During Divorce

Hello everyone, and thank you for joining us today for a lecture on an important and complex topic – sharing between spouses in inherited assets during divorce.

When couples separate, one of the central issues that occupy the courts is how to divide the assets accumulated during the marriage. However, what happens when one spouse receives an asset—such as a residence or another type of property—as an inheritance? Can this asset be considered joint property? Is there an intention to share between the spouses regarding such assets? These questions are often complicated and require a deep understanding of family law and inheritance law.

In this lecture, we will discuss fundamental concepts such as specific sharing in inherited assets, review Israeli law on the subject, and examine the legal precedents that have developed over the years. We will also explore the legal and practical issues that may arise when spouses are required to deal with assets received as inheritance before or during the marriage.

Additionally, we will emphasize the challenges that can arise during divorce proceedings and discuss ways to assist spouses in ensuring their rights regarding these assets. Our goal is to fully understand the legal reality so that we can best prepare for situations such as these.

I invite you to engage with me in an open discussion and questions, and to learn together about the fascinating and significant subject of sharing in inherited assets during divorce proceedings.

Thank you!

Specific Sharing in Inherited Assets – Does One Spouse’s Inheritance Automatically Belong to the Other Spouse?

Specific sharing is an important legal concept within property division, particularly in divorce cases involving assets received as an inheritance. The legal question pertains to whether spouses can share rights to a specific asset received by one spouse as a gift or inheritance, and subsequently determine how that asset will be divided upon separation.

In Israel, the governing law for property division between spouses is the Law of Family Relations (Property Relations) 1973. According to the law, assets received as inheritance are not considered divisible assets and do not form part of the balancing process that occurs between spouses during divorce. This means that when one spouse receives an asset from another individual, the rights to that asset remain exclusively with the recipient.

What is Specific Sharing?

Specific sharing refers to a circumstance in which both spouses assert rights to a particular asset, even if it is solely registered in one spouse's name. The spouse without registered rights may claim that they have rights by virtue of a mutual intention to share, investments, and related aspects.

For example, if an inherited asset is renovated by both spouses and the unregistered spouse argues that their investment in the renovation indicates an intention to share, they can seek to examine their rights to that asset, even if it is formally registered in the name of the other spouse.

Requirements for Specific Sharing:

To establish the existence of specific sharing in an inherited asset, several elements must be presented:

1. Intention to Share: It is important to demonstrate that both spouses agreed to share the rights to the asset, even when it is registered solely in one name. The intention may be explicit, through mutual consent, or implied, based on other evidential factors.
2. Mutual Investment: A claim for specific sharing necessitates proving some level of investment by the "unregistered" spouse. This investment may encompass financial inputs, participation in management, or contributions to renovations.
3. Asset Status: The type of asset must be considered. An asset that serves as the couple's residence is generally seen as more significant (thereby requiring lesser proof of an intention to share) compared to an investment property or other types of assets.
4. Relationships Between Spouses: The dynamics of the relationship between the spouses are a key component in determining the intention to share. If there is an atmosphere of cooperation and commitment between the parties, this may support the claim for specific sharing.

Interim Summary

Specific sharing in inherited assets represents a complex topic that warrants careful attention to the details of the case throughout the divorce process. This is a legal question with significant implications for the property rights of both spouses, emphasizing the importance of seeking the help of an attorney specializing in this field.

An attorney experienced in the allocation of inherited assets can aid clients in understanding the legal situation and navigating the legal process efficiently to ensure their rights are respected during property division.

Case Example Presentation

Let me present a case that was taken to the District Court and involved claims for specific sharing in a residential property inherited by one spouse.

In the case at hand, the husband claimed that he was entitled to rights in the residential property, despite the fact that it was registered solely in the name of the wife and had been inherited. He argued that there was an intention for specific sharing, based on the substantial investment he made in renovating the property, totaling approximately one million shekels.

The husband asserted that during their shared life, the residence served as their joint home and the dwelling place for their children, and therefore should be considered a shared.