Can co-heirs in Israel force the sale of a jointly inherited apartment?

When several heirs inherit one apartment, they hold it as co-owners (be'alim meshutafim) under the Land Law 5729-1969, and that same statute gives every co-owner the right to end the arrangement. Section 37 lets any co-owner apply to dissolve the joint ownership (pirok shituf) at any time, without needing the others' consent. The court first asks whether the property can be divided in kind, but a standard residential apartment cannot be split into separate registered units, so Section 40 directs the court to order a sale instead. That sale is usually conducted as a public auction through the Execution Office, although the court can also order a sale between the co-owners themselves. Each heir then receives a portion of the net proceeds matching the share recorded in the succession order or will.

For a foreign heir, this means a reluctant sibling cannot block a sale indefinitely by simply refusing to cooperate. If you want to keep the property, the most reliable route is to exercise the statutory right of first refusal and buy out the other heirs at a fair valuation, ideally set by a licensed appraiser (shamai mekarke'in). Disputes commonly arise over the valuation, over who has been living in or renting the apartment, and over crediting an heir who paid the mortgage or municipal tax. Those matters can be raised inside the dissolution proceeding, so keep records of any payments you made toward the property. A negotiated buyout or private sale almost always nets more than a court-ordered auction, where prices tend to run below market. For the full picture, see our guide on inheriting Israeli property with multiple heirs.

From the full guide: Inheriting Israeli Property With Multiple Heirs: Rights, Disputes, and Forced Sales

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