Real Estate & Inheritance Law
Evicting a Co-Heir from an Inherited Apartment in Israel
Partition Action & Fair Use Payments
A co-heir is living in the inherited apartment and refusing to leave or cooperate on a sale. Adv. Liron Elmaliach advises on forced partition, fair use payment claims, and negotiated buyouts — so you can resolve the dispute and move forward.
The Co-Heir's Right to Live There vs the Other Heirs' Rights
When a person dies and leaves an apartment to several heirs, all of those heirs instantly become co-owners of the property. Each holds an undivided share — meaning no single heir owns a specific room or floor, but every heir has an ownership stake in the whole apartment.
A co-heir who moves into — or continues to live in — the inherited apartment is not a squatter. They have a legal right, as a co-owner, to use the property. You cannot call the police and have them removed, and a simple eviction notice has no legal force against a co-owner.
The other co-heirs are in a difficult position: they cannot use the apartment themselves while the co-heir is living there, they may not be receiving any rent, and they cannot sell their share independently to a third party at a reasonable price.
The only legal path that compels resolution is a partition action (תביעת פירוק שיתוף). This is a lawsuit filed in the district court requesting that the co-ownership be dissolved. Since the property is an apartment that cannot be physically divided, the court will order it sold — either in an agreed sale or at public auction — with the proceeds distributed among all co-owners in proportion to their shares.
Fair Use Payments and the Partition Process
While the partition action is pending — and indeed from the moment you make a formal demand — the co-heir living in the apartment owes the other heirs fair use payments (דמי שימוש ראויים). These are calculated as the market rental value of the apartment, allocated proportionally. If the apartment would rent for ₪6,000 per month, and you own a one-third share, you are owed ₪2,000 per month from the date of demand.
Fair use payments can be claimed as part of the partition action or as a separate suit. Courts consistently award them where one co-owner exclusively occupies shared property without the agreement of the others. Sending a documented written demand as early as possible is important to establish the start date for payments.
In terms of the partition process itself: after the claim is filed, the court may order mandatory mediation — a structured session in which the parties attempt to reach a negotiated sale or buyout. If mediation fails, the court appoints a receiver (כונס נכסים) to conduct the sale. The receiver arranges an appraisal, advertises the property, and manages the auction. All co-owners — including the one living there — may bid at auction.
From filing to completion of auction, expect a timeline of 12 to 24 months in most cases. Having experienced legal representation throughout the process ensures your rights to fair use payments and your proportional share of the sale proceeds are fully protected.
Frequently Asked Questions
Eviction from an inherited apartment — your questions answered
Resolve the Deadlock in Your Inherited Property
Partition Action & Fair Use Payments — Free Initial Consultation
Adv. Liron Elmaliach — Real Estate & Inheritance Law, Jerusalem