Caselaw

Claims after the Litigation Settlement (Haifa) 45170-07-24 D. Y. v. S. C - part 10

January 22, 2026
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The value of the apartment according to an appraiser's estimate to which the parties approached, in the sum of NIS 2,850,000;

The apartment was purchased on 01/03/2018 for  a total of NIS 1,800,000;

A sum of NIS 550,000 was paid as equity in the purchase;

A sum of NIS 1,250,000 was paid from the funds of a mortgage-secured loan;

Mortgage loan balance, NIS 935,733.27 as of 21/04/2024, Exhibit 13 in Exhibits N/1, NIS 924,880.83 as of 17/09/2025, Exhibit 24 in Exhibits File A/1;

The sum of NIS 176,976.46 was transferred for partial repayment of a mortgage loan in June 2018 Exhibit 1 in Exhibits N/3;

The sum of NIS 199,274 was paid for the renovation and purchase of furniture, according to the plaintiff's calculation, Exhibit 11 in Exhibits file N/1, Exhibit 22 in Exhibits file P/1;

  1. In balancing the matter, I found that the defendant's share of the price of the apartment at the time of its sale should be set aside at the rate of 75%.

I will emphasize, and it is possible that since the defendant claimed compensation for the differences in earnings and also claimed that the differences in earnings are a special reason that justifies a division of  the halfway by half  , the differences in earnings were taken into account when determining the rate of her share in the price of the apartment.  Accordingly, I reject the defendant's petition for compensation for earnings gaps that would otherwise be awarded double compensation.  See in this context  Civil Appeal (Center) 55308-09-22 D.H.  v. A.H.  [Nevo] from 12/07/2023.

  1. As for the additional claims:

Since the parties have abandoned their arguments against the opinion, the actuarial opinion regarding the balance of resources of the actuary, Ms. Irena Viero, bears the date of March 23, 2025 - the validity of a judgment.  In accordance with the recommendations of the opinion, as part of the balance of resources, the defendant must pay the plaintiff the sum of NIS 35,813 as of the date of the opinion;

With regard to withdrawals from the joint account after the date of the rupture, I order the defendant to pay the plaintiff half of the sum of NIS 3,339 as of 01/05/2024;

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