The marriage breaks up, and with it the partnership and what is within it. The partnership inherently includes assets of various types, accumulated during the course of their life together.
Following a separation or proceeding Divorce, the joint assets need to be divided between the parties. Before the division and/or separation of ownership of the assets can be carried out, it is necessary to dissolve the partnership in those specific assets.
Assets that can be realized and sold to one of the spouses or a third party, such as a residential apartment and a car, will be sold. The proceeds will be divided and serve the separate needs of the spouses. Dissolution of a partnership in movable property and its contents, will be divided in kind.
In these circumstances, two situations must be distinguished from which the need to dissolve a partnership may arise. The first concerns couples who were married before the entry into force of the Law Financial Relations Effective January 1974 and the second, applies to couples who married after that.
Anyone who married before the law came into effect is subject to the presumption of partnership and is entitled to claim dissolution of partnership at any stage during the marriage.
The dissolution creates a financial separation, but not necessarily a marital separation following a divorce or separation. The lawsuit for dissolution applies to all assets, including: a residential apartment and assets real estate Others, a car, engineering equipment, income-producing real estate, provident funds, stocks, pensions, savings, goodwill, and even debts accumulated jointly.
On the other hand, someone who married after the law came into effect and the marriage expired following divorce or death of one of the spouses will follow the arrangement in the law of balancing resources.
According to this method, any property accumulated through joint effort, with the exception of inheritances, gifts, property owned by one spouse before the marriage, National Insurance benefits, and compensation for bodily injury, will be divided equally between the parties. Before they can actually be divided, a lawsuit will be required to dissolve the partnership.
Exercise of the right to liquidate and the court’s considerations
To exercise the right to liquidation, the requesting party must contact Home Family Law and claim the requested relief. A partner in ownership of real estate may at any time demand the dissolution of the partnership, and his demand will be granted in accordance with Section 37 of the Real Estate Law, without the court’s pronouncement or discretion.
This is his essential and proprietary right. In contrast, in a lawsuit to dissolve a residential apartment, for example, as part of a divorce case, the story is different and much more complex.
The court has extensive discretion before granting or denying the request to dissolve the partnership.
These are partners who are not strangers to each other and did not fall into partnership by chance. They are couples with and without children. Family law applies to them.
A request to dissolve a shared residential apartment for the purpose of selling it and dividing the proceeds will take into account the children living in the apartment and what will happen to them after the dissolution and sale of the apartment.
Will the parents have enough money left after the dissolution and division of the proceeds to purchase another home that meets the children’s needs?
Is there a realistic possibility that one of the parties will purchase the other’s share of the apartment and thus the apartment will remain his/her property, also for the benefit of the children who are used to living there and there is no need to move them to another place, which may be too small to accommodate them?
The court also reserves the authority to delay the execution of the requested liquidation.
The delay is based on a set of considerations related to the settlement or non-settlement of additional matters on the agenda of the couple in divorce proceedings.
It is possible that if the apartment demolition is approved, one of the parties may be harmed by an unbalanced decision.
On the other hand, in cases where the conflict is deep, exhausting, and lasts for a long time, it is better to expedite the decision to dissolve the partnership and thereby remove another obstacle. On the way to a divorce agreement closed.
If the rule of cohabitation applies to spouses, the court can reject the lawsuit to dissolve the cohabitation of the residential apartment and sell it and instead, examine whether it is possible to leave the apartment in the hands of one party and balance its value with other assets that will be transferred as part of the division of property to the other party.
For couples to whom the law of property relations applies, a situation may arise in which one of the parties demands the dissolution of the partnership in order to sell the apartment by virtue of his ownership right and regardless of the termination of the marriage.
If the marriage expires in the future and the demand for a balance of resources arises, one party may be harmed by the results of the balance of resources examination when he has no rights in the residential apartment.
How is the partnership actually dissolved?
According to Section 7 of the Family Courts Law, enforcement proceedings in a lawsuit to dissolve the joint property of spouses shall be carried out according to the decision of the Family Court and under its supervision, unless the court has ordered their execution through the Enforcement Bureau. The court may also order their execution in another manner that it deems more efficient and just in the circumstances of the case.
A court decision to dissolve a shared apartment, for example, requires its sale. If the sale encounters difficulties that one of the spouses suspects, an appraiser will be appointed to evaluate the property.
Subsequently, one of the parties’ lawyers will be appointed as receiver of the disputed apartment and will work to publicize in the media the sale, the requested price, prepare a sales agreement, and obtain court approval to carry out the sale.
Each spouse has a right of first refusal to purchase the other’s share before a third party on the free market.
If a divorce claim was filed with the Rabbinical Court, which also included the claim for dissolution of partnership, under the jurisdiction Home Rabbinic Law Discuss the lawsuit.
For these and other reasons, a balanced and proportionate intervention and decision by the family courts is required. Needless to say, we strongly recommend that the parties be represented by Lawyer specializing in family law In the dissolution process.
The subtleties, legislative amendments, and case law updates are known and familiar to lawyers, not to unrepresented parties. With this baggage, they enter the legal arena to make the best decision for the client.
It is worth remembering another important thing. A lawsuit to dissolve a partnership can only be relevant and practical with respect to assets that the applicant knows he has a right to by virtue of the presumption of partnership or the law of property relations.
There are quite a few situations where the liquidation plaintiff is unaware of all the assets that may have been hidden by the spouse over the years.
Therefore, it is possible to use the services of a private investigator to uncover unknown and undeclared assets or, alternatively, to request a legal affidavit from the spouse regarding all assets accumulated during their life together.
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