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Protection of Rights in the Family Apartment of a Child Whose Parent Was Killed by the Parent's Spouse Law, 5784-2024

חוק הגנה על זכויות בדירת המשפחה של ילד שהורהו הומת בידי בן זוגו, תשפ"ד-2024

Published: 2024-07-18Last amended 2024-07-18✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Definitions§

1.

In this Law –

"joint apartment" – shared real property serving as the residence of spouses or their child;

"child" – a joint child of spouses or a child of a spouse who was killed by the other spouse, provided that all of the following conditions are met:

(1)the child has not yet reached the age of 21;
(2)the child is the heir by law or the beneficiary under a will in respect of the share of the killed spouse in the joint apartment;

"shared real property" – as defined in the Land Law, 5729-1969, or shared rights in real property as defined in that Law;

"management of the joint apartment" – any decision concerning the possession, use, lease or alteration of the joint apartment, including its sale, but excluding a decision concerning its conveyance as a gift or the creation of a charge (security interest) over it.

Rights of a Child in the Joint Apartment§

2.
(a)Notwithstanding anything provided in any law, where a court has determined that a person intentionally or recklessly caused the death of the person's spouse (hereinafter – the killing spouse), and the spouses had a joint apartment, the following provisions shall apply:
(1)decisions regarding the management of the joint apartment shall be made by the children alone, without the need for the consent of the killing spouse or of any person to whom the rights of the killing spouse in the joint apartment were transferred after the killing spouse caused the death of the other spouse; for the purposes of this section, "transfer of rights" – includes by way of sale, gift or inheritance;
(2)a decision concerning the sale of a right in the joint apartment or any other real property transaction requiring registration shall be approved by the Family Court, after the parties have been given an opportunity to present their positions;
(3)nothing in the provisions of paragraph (1) shall derogate from the right of the killing spouse to receive the killing spouse's proportionate share of the rent or of the consideration for the apartment, should the children decide to lease the apartment to others or to sell it;
(4)nothing in the provisions of this section shall derogate from the provisions of sections 4 and 20 of the Legal Capacity and Guardianship Law, 5722-1962, with respect to minor children;
(5)nothing in the provisions of this section shall derogate from the rights of third parties in the joint apartment, provided that their rights in the joint apartment were not transferred to them from the killing spouse after the killing spouse caused the death of the other spouse;
(6)notwithstanding the provisions of paragraph (1), where the rights of the killing spouse in the joint apartment have been transferred to the killing spouse's minor son or daughter, or where the killing spouse's minor son or daughter resides in the joint apartment, the court shall give directions regarding the management of the joint apartment.
(b)Where an indictment has been filed against a person for the offence of the murder of the person's spouse or for the offence of homicide in circumstances of diminished responsibility in respect of the person's spouse under section 300, 301a or 301b of the Penal Law, 5737-1977, and the spouses had a joint apartment, the provisions of subsection (a) shall apply, mutatis mutandis, until a final judgment is given in the matter, provided that during the said period the children shall not be entitled to make a decision pursuant to subsection (a)(1) concerning the sale of the accused spouse's rights in the joint apartment or concerning any other real property transaction requiring registration, in respect of the accused spouse's rights.
(c)The court may, in special circumstances to be recorded, determine that the provisions of this Law shall also apply to shared real property that previously served as the residence of the spouses or the child.

Set-Off§

3.

Without derogating from the provisions of any law, where a court or tribunal has determined that the killing spouse is liable for the maintenance of the children or for their housing under any law, the children may set off the amounts due to them from the killing spouse against the funds to which the killing spouse is entitled under section 2(a)(3).

Savings Provisions§

4.

Nothing in the provisions of this Law shall derogate from the jurisdiction of the court under section 8 of the Spouses (Property Relations) Law, 5733-1973.

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