Question 1

Can my spouse force me to sell our apartment when we divorce if I have custody of the children?

Accepted Answer

Generally, no — not while the children are minors and need housing. Israeli law recognises מדור ילדים (child housing allowance), which gives the custodial parent the right to remain in the family home until the youngest child reaches independence. Even if the apartment legally belongs to your spouse or is jointly owned, a court will typically refuse to order a sale that would leave the children without stable housing. The non-custodial parent can petition the court only after the children no longer require the home.

Question 2

How long does the child housing allowance last?

Accepted Answer

The right to remain in the family home under מדור ילדים lasts until the youngest child living in the home reaches independence — which in Israeli law is generally considered age 18, though in practice courts sometimes extend it while children are in military service or higher education. Once all the children living in the home are independent, the other parent may apply to the court to divide or sell the property.

Question 3

What is מדור שלם and how does it differ from מדור ילדים?

Accepted Answer

מדור שלם ("full housing") is the broader concept that encompasses both מדור ילדים (the children's right to housing) and the custodial parent's personal right to remain in the home. מדור ילדים focuses on the children's welfare and applies even when the apartment belongs entirely to the other spouse. מדור שלם is the combined recognition that the family unit — children and custodial parent — should not be uprooted from the family home during the children's minority. The distinction matters when calculating any occupancy fees owed to the other spouse.

Question 4

Does the parent living in the apartment pay the other spouse anything?

Accepted Answer

Yes, in many cases. The occupying parent may be required to pay the non-occupying co-owner דמי שימוש (occupancy fees) — compensation for the exclusive use of their share in the property. The amount is typically calculated as a percentage of the market rental value of the apartment. However, courts weigh this against the non-custodial parent's child-support obligations, and in some cases the court offsets the two amounts against each other.

Question 5

What happens when the children grow up?

Accepted Answer

Once the youngest child becomes independent, the legal basis for מדור ילדים ends. At that point, the non-custodial spouse can apply to the Family Court or Real Estate Court to order the sale or division of the apartment. If the property is jointly owned, either party can apply for a partition order (פירוק שיתוף). If the home belongs entirely to one spouse, the occupying parent has no further right to remain and may be required to vacate.

Question 6

Can I buy out my spouse's share instead of waiting for the children to grow up?

Accepted Answer

Yes. The parties can reach a negotiated agreement at any point — even during the marriage or early in the divorce process — under which one spouse buys out the other's share of the property. This is often the cleanest solution: it gives the children and the custodial parent security, compensates the other spouse fairly, and avoids years of legal uncertainty. Adv. Liron Elmaliach can advise on valuation, financing, and how to structure the buyout in a binding divorce agreement.

Question 7

What if I am the father with custody — do I have the same rights to stay in the apartment?

Accepted Answer

Yes. מדור ילדים is gender-neutral. If the father has custody of the children — whether full or primary — he has the same right as a mother to remain in the family home until the youngest child reaches independence. Israeli family law focuses on the welfare of the children, not the gender of the custodial parent. If you are a father with custody and your spouse is pressing you to vacate or sell, contact our office immediately — you have legal protections.

Child Housing Allowance in Israel
The Right to Stay in the Family Home

What is מדור ילדים — the Child Housing Allowance

How It Affects Property Division

Frequently Asked Questions — Child Housing Allowance

Related Topics

Protect Your Right to Stay in Your Home

Child Housing Allowance in IsraelThe Right to Stay in the Family Home