Co-ownership Dissolution & Receivership · Legal briefing

Co-ownership Dissolution Under Section 37

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

You inherit or buy jointly, but the other owner refuses either to sell or buy your share. What route is available?

The legal position

Section 37 of the Land Law generally permits a co-owner to seek dissolution, subject to statutory arrangements and good faith. The ownership agreement, property type and other rights affect the process. For a spouses’ home, section 40A may delay implementation until suitable accommodation arrangements exist for minor children and the spouse caring for them. Distinguish entitlement, method and timing. Official source 1

Your next step

Collect title, co-ownership agreements and expense records. First assess division, a share purchase or an agreed sale, including housing needs in family property. Prepare an economic plan without assuming immediate completion.