When jointly owned property is the family home where children live, dissolution proceedings must balance property rights with the welfare of the children. Courts take a protective approach to children’s living arrangements, which affects how and when dissolution can occur.
The Court’s Approach to Children’s Welfare
Israeli courts recognize that children’s stability and welfare are paramount concerns in family property disputes. A dissolution that would immediately displace children from their home is viewed differently from a dissolution of investment property.
Courts may delay dissolution, impose conditions on timing, or structure arrangements that minimize disruption to children.
When Dissolution Proceeds Despite Children
Children’s presence does not permanently prevent dissolution. Courts balance children’s welfare against property rights, and in time, dissolution will occur. The question is how and when, not whether.
An attorney can help structure dissolution proceedings that respect children’s welfare while protecting the client’s property rights.
The Custodial Parent’s Position
The parent with primary custody of the children often has the strongest interest in remaining in the family home. Courts may facilitate arrangements that allow this parent to remain – either through a buyout or a deferred sale – to minimize disruption to the children’s lives.
Children and the Sale of the Family Home
When the family home must eventually be sold, the timing of the sale can be structured around the children’s needs – allowing them to complete the school year, reach milestones, or transition when the change will be least disruptive.
Practical Arrangements During the Process
While dissolution proceedings are underway, the children must continue to have stable living arrangements. Clear agreements about who lives in the property, how costs are shared, and what decisions require mutual consent protect both the children and the property’s value.
