It was further argued that in view of the value of the apartment, an equal division would leave the defendant with an amount that would be less than the inheritance money that was transferred, and there is a cry of fairness so that a solution must be found that will bring about a just result. The defendant detailed that she would probably remain with about NIS 900,000, while the inheritance money invested in the apartment and the joint life was NIS 1,137,500 – and in addition, she also bore (jointly) the repayments of the mortgage-secured loan, while the plaintiff paid approximately NIS 200,000 in the repayments of the mortgage-secured loan and would remain with the same amount (approximately NIS 900,000).
The defendant petitioned to receive the full inheritance money, in the sum of NIS 1,137,500, alternatively, the funds invested in the apartment, the sum of NIS 720,000 equity, NIS 200,000 for renovations, NIS 50,000 for incidental expenses for the purchase, NIS 970,000 for business restrictions, to balance the vehicles so that each of them would remain with the vehicle in which he was owned, and in this case the plaintiff would not return the sum of NIS 11,000 that he withdrew for his purchase from the joint account after the date of the rupture. Offsetting payments for personal expenses (NIS 3,000 for the defendant, NIS 1,755 + NIS 6,800 for the plaintiff).
As for the balance of resources in social rights, the court was asked to adopt the opinion, but to determine that each party would remain with its rights.
With regard to movables, the defendant agreed to the method of two lists.
- Both parties submitted a table regarding the ruling that was given regarding the manner of payment of earnings differences.
Discussion and Decision:
- The parties are subject to the balance of resources arrangement set forth in the Property Relations between Spouses Law, 5733-1973; In accordance with its provisions therein, sections 5(a), 5A and 6, upon the expiration of the marriage or another date determined as the date of the rupture, each spouse is entitled to "half of the value of all the couple's assets", with the exception of certain assets as specified in section 5 of the Property Relations Law, between spouses. 5733-1973 that must be removed from the mass of assets included for the purpose of balancing resources.
With regard to the disputes before me, reference should also be made to the provision of section 5(a)(1) of the Property Relations between Spouses Law, 5733-1973, according to which assets received by inheritance will not be included in the mass of assets for balancing resources;