Cheated on his wife, gave her half the apartment as a reconciliation gift, and demanded it back upon divorce. What was the ruling?
First publication: A man who cheated on his wife transferred his share of their apartment to her to appease her. Years later, the woman was informed that her husband was cheating on her with another woman, and they entered divorce proceedings. The husband then demanded his share of the apartment back, but the Great Rabbinical Court rejected his appeal. In the legal proceedings, the woman claimed that the husband had taken her to marriage counseling with his mistress.
A husband who gave his wife half of their shared apartment as a gift to restore their marriage after cheating on her demanded the property back after the parties entered divorce proceedings. The Great Rabbinical Court in Jerusalem rejected his appeal and ruled that the apartment would remain with the woman.
During the proceedings, the woman claimed that the husband had taken her to marriage counseling and therapy with none other than that same mistress. In this context, the woman claimed that the husband "dared and wounded the respondent deeply, when it became clear to her that the appellant, in his audacity, had taken her to marriage counseling and therapy — with that same woman, the mistress — and this the day after he cheated on her and had sexual relations with that woman" — a claim denied by the husband.
The ruling reveals that about a decade ago, the woman discovered her husband was cheating on her. The husband denied having full sexual relations, claiming there were only caresses, flirting, and kisses. Following the crisis, and out of the husband's desire to maintain peace in the home, he transferred his share of the apartment to his wife's complete and exclusive ownership. The couple did indeed return to live together in peace for another decade.
However, the peace was broken about two years ago, when the woman received WhatsApp messages stating that the husband was conducting an intimate relationship with another woman. The woman hired a private investigator, and shortly thereafter, divorce proceedings began. As part of the property lawsuit, the husband claimed that the transfer of the apartment to his wife's name was done under pressure, coercion, and threats that he would not see his children, and that the gift was void because the parties were eventually divorcing.
On the other hand, the woman, through attorneys Ido Dibon and Tsafit Dibon-Katsuber, argued that the husband had ultimately transferred half of his share in the shared apartment to her as an absolute and irrevocable gift, in order to heal her wounded soul and compensate her for the terrible harm.
The court determined that "the conduct of the parties proves precisely that the respondent was the one who wanted peace in the home, while the conduct and actions of the man himself — they were what caused the relationship to deteriorate a second time. It is inconceivable to argue against the good faith of the woman when the man, by his own actions, is the one who ruined things and cut off with his own hands the second chance for a happy and faithful life". Ultimately, it was determined that the apartment belongs exclusively to the woman, and the husband was ordered to pay her legal expenses in the amount of 20,000 shekels.
Attorney Ido Dibon commented: "The court clarified unequivocally that the transfer of an asset as part of restoring peace in the home following severe harm such as infidelity is not an advance that can be canceled at the time of divorce. This is a firm statement in favor of fairness and legal responsibility".
The husband's representative, attorney Israel Kadmi, responded: "The court did not correctly understand the facts of the case. The WhatsApp message is an invention that was not proven. In addition, it was not a marriage therapist, but a remedial teacher for their common son".
