Family
Aug. 24, 2026
A lis pendens is only as good as the pleading behind it
A lis pendens can be a powerful tool in family law, but California courts require attorneys to specifically identify the property and plead a claim affecting its title or possession before recording the notice, or risk expungement and attorney fees.
Ira M. Friedman
Friedman & FriedmanEmail: imf@f-flaw.com
Ira M. Friedman is a partner at Friedman & Friedman, and Certified Family Law Specialist and a fellow of the American Academy of Matrimonial Lawyers
Alyson Atencio
Alyson Atencio is a J.D. candidate at Southwestern Law School and currently serves as a law clerk at Friedman & Friedman.
A lis pendens differs in some ways from its use in civil cases, as do many aspects of family law. Still, few litigation tools are more powerful. A single recording can cloud title and halt a real estate transaction. But that power is determined much earlier--when the pleading is drafted.
Code of Civil Procedure section 405.4 defines a "real property claim" as a cause of action in a pleading that, if meritorious, would affect title to or the right to poss...
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