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Jump to navigation. It has been translated from a Hebrew version prepared by Nevo Press Ltd. A petition against the judgment of the Great Rabbinical Court dealing with the issue of specific co-ownership of the residential home that was brought into the marriage by the husband and registered in his name. The petition raises the question of intervention by the High Court of Justice in the judgment of the Great Rabbinical Court due to the fact that weight was accorded to the alleged infidelity of the wife.
Background: the parties are subject to the property regime under the Spouses Property Relations Law. The couple lived in the house with their children for over 20 years, until they divorced. The wife the Petitioner claimed co-ownership of the property; the husband claimed that the property was entirely his. The Petitioner argued that among the considerations for denying the partnership, the Great Rabbinical Court accorded weight to the factual claim that the wife was unfaithful to her husband while still married to him.
In this, she argued, the Rabbinical Court applied religious law to the matter of specific co-ownership in a residential home, thus acting ultra vires. Mintz, Justice A. Stein concurring, Justice I. Amit dissenting denied the petition for the following reasons:.
Justice D. However, spouses are not prevented from claiming ownership of assets by virtue of the general law, i. For this purpose, and for the purpose of recognition of co-ownership of a particular asset, including the residential home that was brought into the marriage by one of the spouses, it is necessary to show additional factual circumstances beyond the existence of a long, common marital life. The question whether the intention of specific co-ownership was proved is factual, and must be proved by the person claiming it.