The Family Court in Rishon Lezion decided to reject a request by an Israeli woman, for a judgment regarding the ownership of property in Israel, claiming an American court was already deliberating on the matter.
The couple who had been residing in the United States for decades, separated and were in the midst of proceedings to divide their joint assets. The estranged wife appealed to the court for a judgment on the future ownership of an apartment they both owned and the income derived from it in Israel.
but after the husband provided court filings showing the apartment was listed among the assets being deliberated over in the American court system, the Israeli court would not issue its ruling to avoid conflict.
"From these facts, it is evident not only that the preponderance of connections to the dispute between the parties lies within the American legal forum and that the parties anticipated the matter would be litigated there, but also that this matter is already being adjudicated in the United States," Judge Berger Bloom wrote in his ruling.
"Issuing contradictory decisions regarding the same property by different judicial authorities could harm both the parties and the public interest, as it could affect the certainty and stability of the property rights vis-à-vis third parties."
On the substantive issue, she pointed out that proceedings on the division of assets between courts in the United States and Israel were inefficient, resulted in judicial waste, imposed a significant burden on the parties, and increased the risk of conflicting decisions. Therefore, the American court should be permitted to handle the property issues comprehensively, and the estranged husband's motion to dismiss the claim filed in the Israeli court should be granted. The woman was ordered to pay her former spouse's expenses amounting to approximately $2,200 USD.