""Temporary Foreclosure Order" • What's behind these scary words?

After in previous columns we dealt with the various aspects of a claim for the division of property, this time we will deal with the order that can be requested as part of the management of this claim - which is a temporary seizure order (until a judgment is rendered, or any other decision).

I would like to emphasize that such a request can be submitted both as part of a claim for alimony and as part of a claim for the division of property - with this article focusing on the latter type.

 When a property claim is filed, it often becomes necessary to impose a lien on the property that we wish to receive in the future - all or part of it, when it is not registered exclusively in the plaintiff's name.

This is to ensure that no changes are made to the property until a judgment is rendered and the property is actually divided - which may take some time.

 If the court or tribunal decides to issue such an order, the seizure will generally apply to a maximum of half of the financial assets, since the assets are supposed to be divided equally between the spouses.

 When a foreclosure order is issued, the owner of the property cannot perform certain actions on it.

For example, if a lien is registered on savings, the owner of the savings will not be able to withdraw them, depending on the amount of the lien. That is, let's say he has 10,000 NIS in savings, and a lien is registered on 4,000 NIS, he is only allowed to withdraw a maximum of 6,000 NIS. The remaining amount will remain lien until a different decision is made.

It should be clarified that it is not possible to impose a lien on funds in transit, since this is necessary for the ongoing economy.

 In order for the court to decide to issue a temporary seizure order, the following conditions must be proven:

• Chances of a lawsuit – evidence must be presented to prove the existence of the cause of action – that is, that it is not a vexatious lawsuit or one that may be dismissed.
• Balance of convenience – The court must be convinced that the harm that will be caused to the applicant for the order if the order is not granted is greater than the harm that will be caused to the other party if the relief is granted.
• Honesty considerations – Did the foreclosure applicant submit the application in good faith, disclose all relevant facts, and not make false statements?.
• Required guarantees were deposited (such as: self-obligation, surety and surety, in accordance with the court's decision) and an affidavit was submitted on behalf of the applicant. 

 You can contact us with questions by email:

[email protected]

Nothing in this article is intended to replace individual legal advice, and each case must be examined on its own merits. Reliance on the information is the sole responsibility of the user.The article is written in the masculine gender but is addressed to both women and men.

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