Joint Ownership After a Spouse Dies
When spouses own a residential apartment jointly (as registered co-owners at the Land Registry), the death of one spouse does not automatically transfer the deceased spouse's share to the survivor. The share becomes part of the estate and must pass through the inheritance process — either under a will or the Inheritance Law.
What the Surviving Spouse Is Entitled To
Under Israel's Inheritance Law (1965), a surviving spouse is a first-priority heir together with the children. In the absence of a will, the spouse inherits a portion depending on how many children exist. If the couple had children, the spouse receives half the estate plus the right to continue living in the family home. If there are no children, the spouse inherits the entire estate.
Practical Steps After a Spouse's Death
- Obtain an Inheritance Order (or Probate Order if a will exists) from the Registrar of Inheritance Affairs.
- Present the order to the Land Registry to register the surviving spouse's share.
- Assess tax implications — purchase tax generally does not apply to inherited shares, and capital gains tax is deferred to sale.
Can a surviving spouse stay in the shared apartment after the other spouse dies?
Yes — under Israeli law, a surviving spouse has the right to continue living in the jointly owned family home even before the estate is formally distributed. This right of residence is protected under the Inheritance Law. However, full title transfer requires obtaining an Inheritance Order and registering the change at the Land Registry, which the surviving spouse should complete as soon as practicable.
