Israeli Woman to Receive Half of Husband's Penthouse Despite Agreement

The Jerusalem Family Court ruled that a woman will receive half the value of her ex-husband's penthouse, despite a financial agreement stipulating separate property. Judge Moshe Braun determined that the man deliberately concealed the property, worth 3.5–4.5 million shekels. The husband failed to prove he received the apartment as a gift, so the court included it in the division of assets, ordering him to pay half its value with indexation and interest, plus 40,000 shekels in legal costs.

The Jerusalem Family Court ruled that a woman will receive half the value of her ex-husband's penthouse, despite a financial agreement they signed stipulating separate property. Judge Moshe Braun concluded that the man deliberately concealed the property. The penthouse in Jerusalem is worth approximately 3.5–4.5 million shekels. The couple married in the early 2000s and signed a financial agreement in March 2018, which was court-approved. The document was general in nature and did not list assets in detail, except for two companies owned by each spouse. A year after signing, the couple separated, and in July 2019 the woman filed a lawsuit to annul the agreement. She claimed that during the marriage, her husband deprived her of rights to the penthouse and insisted he received it as a gift from his parents. She said she had evidence that it was actually a purchase, not a gift, so the apartment should be included in the division of assets. The husband, in turn, insisted on his version and admitted he did not tell his wife about the apartment. He explained that his parents, who have 11 other children, asked him to keep the deal secret to avoid a 'earthquake' in the family. He said, 'The apartment belongs exclusively to me.' The judge noted that this position is a type of 'admitted but deny' claim, shifting the burden of proof to the defendant. In the end, the man could not prove he received the penthouse as a gift. The ruling emphasizes that general waiver clauses in financial agreements do not apply to significant assets that were hidden or unknown to the other party at the time of signing. The court also noted that the defendant did not bring key witnesses—his parents, the lawyer who allegedly drafted the gift deed, and other family members. Additionally, recordings of conversations were presented where he and his father directly admit it was a sale-purchase transaction, not a gift. The judge also questioned why parents would give their son the only apartment while living in rented housing and having 12 children. As a result, the court ordered the penthouse to be included in the joint property balance. The husband must pay his ex-wife half its value with indexation and interest from the signing date, plus 40,000 shekels in legal fees and attorney costs.