Real Estate Litigation — Jerusalem
Partition of Jointly-Owned Property in Israel
Forcing a Sale
If a co-owner refuses to sell, Israeli law gives you the right to force a sale through a partition action — regardless of their objection. Adv. Liron Elmaliach represents co-owners seeking to exercise this right efficiently and cost-effectively.
What is a Partition Action and Who Can File?
Under Israeli law (Land Law 5729-1969, section 37), any co-owner of real estate — whether the property was inherited jointly or purchased together — has the absolute right to demand partition at any time. This right applies to every co-owner, regardless of their ownership percentage, and cannot be blocked by the other co-owners.
A partition action is filed as a petition to the Family Court (or, in some cases, the District Court). The petitioner does not need to prove fault or misconduct — it is sufficient to show that the parties co-own the property and cannot agree on how to divide or sell it.
Where physical division of the property is impractical — which is almost always the case with apartments — the court will order a forced sale. The court appoints a receiver (כונס נכסים) who manages the entire sale process: obtaining a valuation, advertising the property, conducting a public tender, and distributing the net proceeds to each co-owner in proportion to their ownership share.
Majority approval is not required. Even a single co-owner holding a minority interest can compel the sale of the entire property over the objection of all other co-owners. This powerful right means that no co-owner is ever truly trapped in a co-ownership arrangement against their will.
Partition Action in Inherited Property — Special Considerations
The most common scenario for a partition action is inherited property — typically an apartment that belonged to a parent, now jointly owned by the heirs. One heir often continues to live in the apartment after the parent's death and resists selling, while the other heirs wish to realise their share of the estate.
The law is clear: an heir's right to reside in the property does not override the other co-owners' right to receive their share of the proceeds. The occupying heir may, however, have a claim to remain in the property for a reasonable period to find alternative housing — which courts consider on a case-by-case basis.
Co-owners who have been excluded from using the property — because a sibling has been living there — are entitled to claim fair use compensation (דמי שימוש ראויים) for the period of exclusive occupation. These amounts can be substantial and are regularly awarded alongside the partition order.
Courts generally encourage mediation before proceeding to a court-ordered auction, since a negotiated sale on the open market typically achieves a higher price. However, if mediation fails or the occupying heir is uncooperative, the court will proceed to appoint a receiver and order a public auction.
The typical timeline for a contested inherited-property partition action is 1–3 years, depending on the number of heirs, whether an inheritance order has already been obtained, and the complexity of the dispute. Legal costs include attorney's fees, the receiver's commission (typically 2–4% of the sale price), and court fees.
Frequently Asked Questions — Partition of Property
Everything you need to know about forcing a sale of jointly-owned property in Israel
Co-owner Refusing to Sell?
Partition Action — Free Initial Consultation
Any co-owner can force a sale — regardless of the other co-owners' objection