In short
What happens when co-owners of a property cannot agree?
Under the Land Law, 5729-1969, any co-owner may demand dissolution of the joint ownership (piruk shituf). The court prefers division in kind where possible; otherwise it orders a sale and division of the proceeds, and sometimes usage fees for the co-owner who did not use the property.
Partition of Co-Owned Property
When several owners of a single property cannot agree, any one of them may ask the court for partition (pirok shituf), either by physically dividing the property or by selling it and dividing the proceeds.
Before going to court, it is worth checking whether an agreement can be reached: one co-owner buys out the other's share, or they sell together at a better price than a forced sale would bring.
Tenant Eviction and Lease Disputes
If a tenant does not pay or does not move out at the end of the lease, you can file an eviction claim (pinui muskar), which is heard in the Magistrates' Court under a faster procedure than an ordinary claim. A tenant whose landlord does not return the deposit or does not repair defects can also sue.
Condominium Disputes
In a condominium (bayit meshutaf), disputes over areas linked to particular apartments, the roof, parking spaces, changes to the common property and payments to the house committee (va'ad bayit) are usually brought before the Land Registration Supervisor.
What the service includes
- Partition of co-owned property
- Tenant eviction
- Condominium disputes
- Ownership and property rights claims
When to contact us
- One co-owner wants to sell and another does not
- The tenant is not paying or will not leave
- A neighbor built on or enclosed a common area
- There is a dispute over ownership or boundaries
What to bring to the meeting
- Land Registry (Tabu) extract and the condominium plan
- The lease or the co-ownership agreement
- Correspondence and demand letters
- Photos of the situation on site
Real Estate Disputes 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
What is partition of co-owned real estate?
When a property has several owners who cannot agree on what to do with it, any one of them may ask the court to end the co-ownership. The court orders a physical division of the property, and if that is not possible, a sale of the property and division of the proceeds.
How long does an eviction claim take?
The claim is heard under a faster procedure than an ordinary claim. How long it takes depends on the tenant's arguments and the court's caseload.
Can a sale of a jointly owned apartment be forced?
Yes, if it cannot be physically divided. The court can order the apartment sold and the proceeds divided among the co-owners according to their shares.
What can I do when a neighbor takes over common property?
Start with a written demand. If that does not help, file a claim with the Land Registration Supervisor, who can order the situation restored to the way it was.
