Koness Nehassim - Joint ownership and judicial administration
Are you tired of being co-owners of a property that is impossible to sell or share? Do conflicts between heirs, in the context of a divorce or between commercial partners give you headaches? Israeli law provides strict mechanisms to unlock these situations: exiting joint ownership and recourse to a judicial administrator.
What is exiting joint ownership and judicial administration of property?
The real estate exit from joint ownership is a legal procedure designed to end joint ownership of a property (apartment, land, commercial premises) and to fairly distribute rights between co-owners.
What the law says (Article 37 of the Land Law): Each co-owner may request to exit joint ownership at any time, even if others oppose it, unless there is a written agreement explicitly limiting this right.
Thejudicial administration of property (commonly called "Koness Nehassim"), meanwhile, intervenes when the court appoints a judicial administrator. Its main mission is to sell the property, generally in order to repay debts or to forcibly implement the exit from joint ownership.
These procedures prove complex in cases of deep conflicts, hidden debts or disagreements over distribution. Without appropriate legal support, you risk losing valuable rights, bearing unnecessary costs or getting bogged down in endless procedures.
When should one consider exiting joint ownership or a "Koness Nehassim"?
Recourse to these legal procedures is particularly suited to the following situations:
Divorce: For sharing an apartment or common property between spouses, including when one of the spouses refuses to cooperate.
Successions: To settle the exit from joint ownership between heirs who cannot agree on the management or sale of the inherited property.
Commercial partnerships: To end an association on real estate investments following strategic disagreements.
Debts and enforcement procedures: To orchestrate the sale of jointly owned property by an administrator in order to repay the creditors of one of the co-owners.
⚠️ Important advice: Never start without legal advice
Exiting joint ownership and judicial administration involve many underlying risks: procedural disputes, hidden debts or malicious blockages. Consulting a specialized lawyer before launching the procedures can save you thousands of shekels and avoid major administrative delays.
Frequently Asked Questions (FAQ) on Koness Nehassim and Joint ownership
What is placing under judicial administration between brothers and sisters?
It is a procedure by which the court designates an independent administrator responsible for selling the common real estate property and distributing the proceeds of the sale among the heir brothers and sisters, when no common ground could be found.
When should one concretely resort to judicial administration?
As soon as a blockage appears in the siblings: one wants to sell, the others want to keep the property, or a disagreement persists on its real value or ancillary costs. The lawyer's initial objective is always to favor an amicable agreement to avoid going to court. If dialogue fails, the lawyer supervises the judicial procedure from start to finish.
How long does this procedure take in Israel?
It all depends on the cooperation of the parties. In case of amicable agreement, the procedure can take only a few weeks. In the absence of agreement, the case is brought before the court and can last several months.
Can one avoid going to court?
Absolutely. A tactfully conducted negotiation between brothers and sisters generally allows reaching a sale agreement or fair sharing. The majority of cases are settled amicably, which saves time, money and avoids significant family tensions.
How much does an exit from joint ownership procedure cost?
The overall cost varies according to the technical complexity of the case: presence or absence of an initial agreement, existence of debts encumbering the property, or obligation to plead before the courts.
Are there taxes to pay during a sale by judicial administration?
Yes. As with any classic real estate transaction in Israel, the sale of property by judicial administration can generate a capital gains tax (Mas Shevach).
What happens if the real estate property is encumbered with debts?
All necessary verifications (debts, seizures, municipal taxes / Arnona) must be carried out upstream. These charges are handled with the authorities before putting on sale so that the property is sold free of any encumbrance, thus guaranteeing that you receive your net share without unpleasant surprises.
How to ensure that the sharing of shares will be fair?
The real value of the property is rigorously fixed by a certified real estate expert (Shamaï). The lawyer then ensures that the distribution of funds is carried out precisely, in accordance with each person's succession share or property rights.
