Notice of pendency of action
People also ask
What is a lis pendens under California real estate law?
What is a Lis Pendens (Notice of Pendency of Action) under California Real Estate Law? Formerly known as a ?lis pendens ,?a notice of pendency of action is a written document, recorded with the county recorder, that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
What is a lis pendens notice?
Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending.
Who can file a lis pendens?
Anyone who has an interest in the real estate or property can file a Lis Pendens. This includes a divorced couple arguing about who will come home or a home buyer who has legally purchased a home. You will file lis pendens if you believe you should be entitled to a part of a property.
When to use a lis pendens in a divorce case?
When a Lis Pendens Is Used. Lis pendens is often filed in divorce cases where the distribution of real estate properties has not been settled. It is particularly common in cases where a property is listed in the name of one spouse, and the other spouse seeks a portion of the asset.