| Marital property regime | | |
Note that the spouses are entitled to a shared participation in the added value of each other's property, attained during marriage. Spouses who were doesn't formalize their propietary issues by means of a prenuptial agreement, will be governed by the arrangement of balancing of resources. Each one of them will be entitled to ane half of the value of all the couple's assets upon the termination of marriage. Note that this only applies to assets accumulated by the couple in the course of their joint life, excluding those received as gifts or inheritance during marriage, andassets which a spouse had prior to the marriage.
What is the default marital property regime? | Deferred full or partial community of property | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5
|
| Who legally administers joint marital property? | The original owner | Spouses (Property Relations) Law No. 5733 of 1973, Art. 4
|
| In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Both spouses | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5
|
| Joint titling | | |
The presumption of joint ownership comes to live at the time marriage is terminated, unless the asset is registered as joint property. For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | No | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5
|
| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | No restriction could be located.
|
| If joint titling exists for married couples, is it the default for marital property? | No | No applicable provision could be located.
|
| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | Basic Law: Human Dignity and Liberty, Art. 3
|
| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | Basic Law: Human Dignity and Liberty, Art. 3
|
| Do married men and married women have equal ownership rights to moveable property? | Yes | Basic Law: Human Dignity and Liberty, Art. 3
|
| Do married men and married women have equal ownership rights to immoveable property? | Yes | Basic Law: Human Dignity and Liberty, Art. 3
|
| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | No restriction could be located.
|
| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | No restriction could be located.
|
| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5 and 16
|
| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5 and 16
|
| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Spouses (Property Relations) Law No. 5733 of 1973, Art. 5 and 16
|