When a couple goes through a divorce and owns a joint apartment, the first question that arises is: what happens to the property? In Israel, a jointly owned apartment is considered marital property within a marriage, and its division is an integral part of the divorce agreement. An experienced real estate lawyer will help you understand your rights, your obligations, and how the partition of ownership will be executed fairly and legally.

What is Partition of Ownership in the Context of Divorce?

Partition of ownership is a legal process in which two joint owners of a property agree (or a court decides) how the apartment will be divided. This can be done in three main ways:

• Public sale of the property: Both parties sell the apartment to a third party, and the proceeds are divided according to their ownership shares.
• Purchase of one share by the other spouse: One spouse buys the other's share and remains as the sole owner.
• Physical division (rare): In rare cases, when the property is divisible, each party can receive a separate portion.

Who Determines Who Gets the Apartment?

During a divorce, the division of property is determined by the divorce agreement — and in contested cases — by the court. Preferably, the parties attempt to reach a mutual agreement to be formalized in the divorce arrangement. If there is no agreement, the court will examine factors such as:
• Each party's contribution to the investment in the property
• The needs of the children (if any)
• Each party's ability to maintain the apartment
• Economic valuation of the property and overall asset division

Representation by a real estate lawyer at this stage is essential, as he or she will ensure that the property valuation is fair and that the division reflects your rights accurately.

Apartment Sale Transaction — Purchase Agreement in Divorce

If one party purchases the other's share, the registration certificate must be updated at the Land Registry office. An apartment purchase agreement in this context requires special care — it must include all legal conditions, the transaction price, the date of transfer, and any additional obligations. Without professional apartment purchase representation, a legal dispute may arise in the future.

In a divorce process, many people become overwhelmed by emotions and do not consider the legal aspects of real estate transactions. This can lead to costly mistakes that are difficult to remedy.

Common Mistakes to Avoid

• Agreement without professional appraisal: If you agree to a division without an accurate property valuation, you may lose significant money. A licensed appraiser will ensure a fair division of value.
• Failure to update registration in a timely manner: If you do not update the registration certificate at the national registration office, disputes may arise in the future regarding who is the legal owner.
• Signing documents without legal review: Signing an apartment sale agreement without a real estate attorney may result in future lawsuits.
• Neglecting legal obligations: Often, one party attempts to evade payment of debts (mortgage, property tax, taxes) associated with the property. This can affect your credit in the future.
• Failure to consider children's rights: In the presence of children, the court may prefer that one parent remain in the apartment. A family and real estate attorney will ensure their rights are protected.

How Does a Real Estate Attorney Assist You?

Law Office of David Wasserman provides personal guidance at every stage of partnership dissolution:

• Comprehensive legal advice: Explanation of all your rights and obligations regarding the shared property.
• Negotiation facilitation: Assistance in reaching a fair agreement with the other party, without the need for prolonged legal proceedings.
• Court representation: If legal proceedings are necessary, we will represent you before the court.
• Sale transaction guidance: If you are buying or selling your share, we will guide you through every stage of the real estate transaction.
• Registration update: We will handle all legal procedures for updating the registration certificate and accompanying documentation.

During this period of change and stress, you need an attorney who understands the complexity of family law and also the depth of real estate law. This is exactly what our office offers.

Below is a comparison of the three main options for partition of shared property in divorce:

Recommendation: Choosing the right option depends on your specific circumstances — children's needs, financial capacity, availability of new housing, etc. Professional legal consultation will help you select the best course of action.