The High court of Justice will reconsider the ruling that an unfaithfull woman losses half her house


by Ifi Reporter Category:Law Jun 18, 2019

The High Court of Justice will hold another hearing in last year's ruling, which ruled that a woman who betrayed her husband and had relations with another man during the marriage was not entitled to half the value of the house in which she lives.
Exceptionally, Hayut accepted the petition filed by the woman and the Rackman Center for the Advancement of the Status of Women at Bar-Ilan University. Later, five other women's organizations petitioned the petition. Begatz ruled that the additional hearing would be decided by April 2020. Attorney General Avichai Mendelblit and the Rabbinical Courts objected to the request to hold another hearing on the grounds that no new rule had been set and the ruling had no novelty.
Among the nine justices who will decide on the issue will be the judges, Alex Stein and David Mintz, who gave the majority opinion, as well as Justice Yitzhak Amit, who was in the minority. The group will be headed by Hayut, with judges Hanan Meltzer, Neil Hendel, Uzi Fogelman, Noam Solberg and Daphna Barak-Erez.
In November 2018, the High Court of Justice approved a ruling by the Rabbinical High Court that a woman in the West Bank of her husband is not entitled to half the value of the house in which they lived, To rule in accordance with civil law, which does not allow for treason.
Justice Mintz and Stein ruled that the court may take the adultery into account, and that his ruling does not justify intervention by the High Court of Justice. in the future.
The ruling dealt with spouses who married in 1982, with three adult children. In 2013, the husband demanded a divorce from his wife through the Rabbinical Court, claiming that his wife had been in breach of him for several months. The woman agreed to divorce, but there was a dispute over the division of property, which focused on the house in which the family lived. The husband claimed that she was not entitled to half the value of the house, registered in his name, since it was built on a plot inherited before the two married.
The 1974 Financial Relations Act states that in the event of divorce, each spouse is entitled to half the value of all of the couple's assets, but an asset that was owned by one of the spouses prior to marriage and remains registered in his name will not be considered a joint property. However, the High Court of Justice extended the law and ruled in a series of rulings that an equal distribution of such an asset could be made if a "specific intention to co-operate" was proven to be the criteria developed by the Family Courts to determine whether the spouses had an intention to share an asset owned by one of them According to the ruling, in cases of first and long-term marriages, especially when the couple lived during their marriage, the tendency is for equal distribution.
In 2016, the Haifa Regional Rabbinical Court ruled that the woman is entitled to half the value of the house, after reaching the conclusion that in this case there was a plan to share. This is based on the husband's statement that he proposed to register the house in the name of the couple's children, or to sell it in the future in order to pay for his or her wife's medical expenses. The court also took into account the renovations and investments of the couple in the property during their marriage.
The husband appealed the verdict, and the Rabbinical Court overturned it and ruled in the majority opinion that the woman did not deserve any part of the land or house built on it. In the ruling that accepted the husband's appeal, it was determined that the evidence of intent to co-exist on which the Regional Court relied was not significant, and that the woman was "dating from assets and in a good economic situation compared to the husband."




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