Ruling 5620/24 - What It Means for You

The Ruling That Shook Family Law

In June 2025, Israel’s Supreme Court issued a significant ruling in case 5620/24 that raises important questions about pre-marital property. Until this ruling, the prevailing belief was that an apartment one partner bought before the wedding was "safe" - belonging solely to them, end of story. Importantly, this ruling was based on specific facts - over 23 years of shared management behavior.

What Did the Court Decide?

The justices applied the doctrine of "specific sharing" (shituf spetsifi) - not the general sharing presumption - and ruled that in this case, property acquired before marriage could be considered joint property because the couple behaved as joint owners over many years. The criteria examined:

• Joint mortgage payments - if both partners paid the mortgage from a joint account or shared income
• Renovations and maintenance - significant financial investment by the other partner in the property
• Behavior - if both sides treated the apartment as "ours" rather than "his/hers"
• Registration - even if the property is registered under one name, actual behavior overrides formal registration

Why Does This Matter?

Until now, many couples relied on the assumption that "what's mine is mine." This ruling shows that under certain circumstances - particularly when there is shared management behavior over many years - that assumption can be challenged. If you bought an apartment before the wedding and didn't sign a prenup, and over time managed the property jointly, your partner may be able to claim rights to it. A clear prenup prevents this uncertainty from the outset.

What Should You Do?

If You're Not Yet Married

Sign a prenup before the wedding. This is the simplest time to do it - no negative emotions, no history, just two adults defining clear rules.

If You're Already Married

It's never too late. You can sign a prenup during marriage. The agreement will protect assets from the moment of signing and can also address prior property.

If You Own Property From Before Marriage

Mention it explicitly in the agreement. Define what happens if you renovate it together, what happens if it's sold, and who gets what.

The Bottom Line

Ruling 5620/24 didn't "take" anyone's apartment. It simply sent a clear message: if you didn't define in advance what belongs to whom - the court will decide for you, and you might not like the result.