In short
How is joint ownership of an apartment or land dissolved?
Any co-owner may demand dissolution, even without the others' consent. The court orders division in kind if possible; otherwise it orders a sale, sometimes through a receiver, and divides the proceeds by the owners' shares.
Every Co-Owner May Demand Partition
The Land Law, 5729-1969, provides that every co-owner of real estate may demand partition (piruk shituf) at any time. This applies to siblings who inherited an apartment, to relatives or friends who bought a property together and to co-owners of a lot. A single co-owner, even one with a small share, can start the process when the others object.
A co-owner who only wants out may also sell his share to someone else, without the consent of the other co-owners, unless a right of first refusal was registered. When there is no buyer for the share, or the co-owners want to part with the property as a whole, they turn to partition.
Co-owners who agreed to exclude or limit the right to demand partition for more than three years are not bound forever: after three years, the court may order partition if it considers it just in the circumstances. The court also takes into account, as far as possible, the wish of some co-owners to remain in co-ownership.
The first route is an agreement: one co-owner buys out the other, they sell together, or they divide the property. A division in kind by agreement requires the approval of the Land Registration Superintendent (HaMefakachat al Rishum Mekarkein) that it complies with planning and building law. Without an agreement, the matter goes to court, usually the Magistrate's Court.
Division in Kind or Sale
When the property can be divided, partition is carried out by division in kind: each co-owner receives a defined part of his own. If division is possible only when one co-owner pays the other a difference, the court may order equalization payments. This sometimes happens with a large lot or a property with several buildings.
When the property cannot be divided, or division would cause the co-owners a significant loss, the court orders the property sold and the proceeds divided according to the shares. This is what happens in most cases involving a single apartment. The court sets the manner of sale, and often appoints a receiver who sells the property in an orderly process, and the co-owners themselves are usually entitled to bid. When the obstacle to division concerns only some of the co-owners, the others may keep the property and pay them the value of their shares.
When the land holds a building that can be registered as a condominium, the court may, after an opinion from the Land Registration Superintendent, order it registered as a condominium and allocate the apartments among the co-owners according to their shares.
Until partition is complete, the court may give interim directions on the management and use of the property, for example who holds the property, who rents it out and what is done with the rent.
A Co-Owner in Occupation: Use Fees and Expenses
Every co-owner may make reasonable use of the property, as long as he does not prevent the others from doing the same. A co-owner who has used the property owes the other co-owners, in proportion to their shares, reasonable remuneration for the use (sachar ra'uy). So a sibling who lives alone in an apartment inherited by several siblings, or a co-owner who rents out the property and keeps the rent, may owe the others. A claim for use fees is often filed together with the partition claim.
Expenses for the proper maintenance and management of the property, such as repairs, are shared among the co-owners in proportion to their shares, and a co-owner who paid more than his share may recover the difference from the others. Decisions on ordinary management and use are made by a majority of the shares, and anything beyond that requires the consent of all co-owners.
An Inherited Apartment
Most partition cases begin with an inheritance. First you need a succession order or a probate order, and usually registration of the rights in the heirs' names. The route there is covered on our page Succession Order and Probate Order.
When one sibling wants to sell and another wants to keep the property, first check whether one of them can buy the other's share based on an agreed appraisal, because a forced sale takes time and costs everyone money. For a property slated for urban renewal, also check how the partition fits the deal with the developer and the tax position, as described in our update Inherited Apartment in Pinui Binui.
What the service includes
- Reviewing the rights, the registration and agreements between the co-owners
- Negotiating a partition agreement or a buyout of a co-owner's share
- Partition claims in court
- Claims for use fees and reimbursement of expenses
- Accompanying the sale in an orderly process and the co-owners' bids
- Partition of an inherited apartment or house
When to contact us
- You inherited a property with siblings and cannot agree what to do with it
- A co-owner lives in the property or rents it out without sharing the income
- You received a partition claim
- You want to exit a property you bought with others
What to bring to the meeting
- A land registry extract or a confirmation of rights
- A succession order or probate order, if the property was inherited
- Agreements between the co-owners, if any
- Receipts for expenses and records of the use of the property
Partition of Co-Owned Property throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
Can I force my brother to sell an apartment we inherited together?
Under the Land Law, every co-owner of real estate may demand partition at any time. When there is no agreement, the court orders division, and for a single apartment that cannot be divided, usually a sale with the proceeds divided according to the shares. Your brother is usually entitled to bid and buy the apartment himself.
One co-owner lives in the apartment alone. Am I owed use fees?
Under section 33 of the Land Law, a co-owner who has used the jointly owned property owes the other co-owners, in proportion to their shares, reasonable remuneration for the use. It can be claimed on its own or together with the partition claim.
Can I oppose a partition claim?
The right to demand partition is broad, and the court refuses it only in exceptional circumstances. Opposition usually focuses on how to partition: division in kind instead of sale, equalization payments, or the other co-owners keeping the property and paying the applicant the value of his share. An agreement limiting partition for more than three years is reviewed under section 37 of the law.
Does my co-owner have a right of first refusal on my share?
As a rule, no. Under the Land Law, a co-owner may transfer his share without the consent of the other co-owners, unless a right of first refusal was registered or a special rule applies, for example between heirs to an agricultural holding. In a sale as part of a partition, the co-owners are usually entitled to bid like any buyer.
