Caselaw

Family Appeal (Tel Aviv) 42471-05-24 Anonymous vs. Anonymous - part 3

February 26, 2025
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It should be emphasized that this undertaking is final and irrevocable, which will prevail over any provision of a will and will constitute a debt of the man to the woman even after death."

In clause 15.15, it was determined that the registration of the rights in the investment apartment would be in the man's name, that "after 4 and 7 years, a warning note will be registered in favor of the woman in respect of the obligations to transfer to the woman 33.3% and 66.6% respectively" and that the parties will sign shortly after signing this agreement the documents required for the purpose of registering the warning notes and, if necessary, for their removal, to be entrusted to an attorney who will act to register the warning notes in accordance with the provisions of the agreement.

In clause 15.16, the parties determined that "during the period of the joint life and until the end of 10 years from the date of the beginning of the joint life, only the man will be entitled to all the fruits received from the investment apartment, including rent.  From the date on which the full rights in the investment apartment are transferred to the woman, the woman will be entitled to all the fruits received from the investment apartment, including rent that will be transferred to her personal account to the woman."

Clause 15.17 of the agreement stipulates that it will not be possible to sell the investment apartment during the 10 years, unless the prior written consent of both parties is given, and that "if one party wishes to sell its rights in the apartment during the joint life, the other party will have an initial right to purchase its share of the investment apartment in accordance with the mechanism set out in clause 15.11.3 above.  If the other party did not seek to take advantage of the right of the former, as stated, the investment apartment will be sold in its entirety to a third party."

In clause 15.18, the parties determined that from the date on which the full rights in the investment apartment pass to the woman, the woman will be entitled to sell the investment apartment and will be entitled to any consideration received from such sale, without the need for any consent on the part of the man and/or anyone on his behalf.

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