Property Gifts & Family Transfers · Legal briefing
Property Gifts & Lifetime Residence Rights
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
Parents transfer their only home to a child. Debt, divorce or death then threatens their ability to remain there.
The legal position
Conditions, use rights and safeguards must match the intended entitlement. An easement under section 5 of the Land Law does not include possession and is not automatically a residence right. A cautionary note under section 126 requires a suitable written undertaking; its effect under section 127 depends on content and timing, without absolute immunity from creditors. A lease or other obligation may be considered alongside registration, tax and family circumstances. Official source 1 Official source 2
Your next step
Specify occupants, duration and expenses. Assess registrable rights and safeguards against sale, divorce and debts. A general family promise or incorrectly named right is not sufficient protection.