Unmarried partners: what you are entitled to, and what does not happen by itself

More and more couples live together for years without marrying. Israeli law recognises them in many places, but that recognition rests mainly on case law and depends on the circumstances. What a married couple takes for granted, you may sometimes have to prove when you are not married.

Who counts as a cohabiting partner

There is no single definition for every purpose. As a rule, two things are examined: a genuine family life, and a shared household. The length of the relationship, children together and a joint account are evidence of this, not conditions.

Inheritance

Israel's Succession Law provides that if partners lived a family life in a shared household, and neither was married to someone else at the time of death, the surviving partner inherits as if they had been married. Note the last condition: someone still formally married to a former spouse, even after separating years ago, leaves their current partner with no inheritance under the law. And even when the conditions are met, a will prevails over inheritance under the law.

Property

The Property Relations Law, which provides for dividing assets between married spouses, does not apply to unmarried partners. When they separate, what is shared is examined according to the partners' intention and how they actually conducted themselves. A home registered in one partner's name does not become shared just because you lived in it together. On the other hand, the law on dividing pension savings does include cohabiting partners.

Three things to arrange now

• A cohabitation agreement: what is yours together, what is each of yours, and what happens if you part.
• Wills, and where suitable a mutual will, so that your wishes decide rather than evidence.
• If one of you is still formally married to someone else, finish that process. It changes the whole picture.

None of this means thinking about separation or death. It simply arranges in advance what a married couple receives from the law, so you will not have to prove it later.

This letter is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.