When one co-owner cannot be found or refuses to participate in proceedings, the other partner is not left without recourse. Legal mechanisms allow dissolution to proceed even when a partner is absent or uncooperative.
The Problem of the Missing Partner
Property partners can become impossible to locate for various reasons: emigration without maintaining contact, death without known heirs, dementia or incapacity, or deliberate avoidance. When one partner cannot be reached, the other cannot obtain their agreement to sell, renovate, lease or take any significant action regarding the property.
Legal Procedures for Absent Partners
Israeli law provides mechanisms for declaring a person legally absent (nifkad) in defined circumstances. Once declared absent, a court-appointed representative can make decisions on the absent person’s behalf, including participating in dissolution proceedings.
This process requires establishing that the person genuinely cannot be located despite reasonable efforts.
Service by Publication
When a party to legal proceedings cannot be personally served, courts can authorize service by publication. This involves publishing notices in newspapers or other outlets that are deemed to have given the party notice, even if actual notice cannot be confirmed.
Dissolution Proceedings Without Full Participation
Courts can proceed with dissolution even when a party does not participate, provided proper notice has been given. The court will protect the absent party’s interests, ensuring they receive their fair share of any proceeds.
What Happens to the Absent Partner’s Share
When dissolution is completed and the absent partner’s share cannot be distributed to them, the proceeds are typically held in a court deposit (pekadone) or other secure arrangement until the partner or their legal representatives can be identified and the funds distributed.
