Notices Of Pendency Of Action

In a recent article in the Los Angeles Lawyer magazine, attorney Jeffrey Huron discusses recent changes to the law regarding "Notices of Pendency of Action" or as is more commonly called a Lis Pendens.

Lis Pendens are not uncommon in family law matters. The purpose of such notice is to advise third parties that there is a claim that affects title or possession of real property. Most often Lis Pendens are used when the person filing and recording the notice is not on title. This could be a spouse who moved into their husband/wife's house owned before marriage, and were never added to title. It might also be situations where one spouse's parents control title. In either situation, the notice encumbers the property precluding a sale or refinance until resolved and removed.

In some cases, these notices have been loosely used as "chips" in the bargaining or negotiating process; particularly early on in a litigation. Changes in the law, however, force parties and their counsel to be careful. Because the recording of such a notice clouds title, an improper Lis Pendens may expose the recording party to damages for slander of title; and possible attorney fees.

A Lis Pendens is valid if the recording party has a "real property claim" against the property in question. A "real property claim" is one which affects title to, or the right to possession of” real property. Kirkeby v. Superior Court of Orange County (2004) 33 Cal.4th 642, 93 P.3d 395.

When facing a property dispute that erupts in the middle of a divorce proceeding, it is best to address your concerns with a Certified Family Law Specialist.

Article Submitted By: Attorney Daniel Gold