CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......Encumbering Without Consent
8 Cards On This Topic:

Both parties must consent to sale, conveyance, or encumbering of c/p.

Statutory procedure permits perfecting "family law attorney's real property lien" to secure fees and objections thereto.

Court may deny or limit family law attorney's real property lien ("FLARPL").

One spouse may not encumber c/p real property as security for attorney fees; nonconsenting spouse may void encumbrance in its entirety; ruling retroactive.

Creditor who has judgment against H may enforce previously recorded judgment lien against c/p residence of H and former W even though home awarded to W as s/p in disso.

FC 2034(c) permits trial court to expunge FLARPLs when a dispute arises as to their propriety after the FLARPLs have been recorded.

Deed of trust on c/p signed by only one of spouses is voidable by nonsigning spouse, not by creditors seeking to challenge.

Both spouses must join in conveyance of c/p real property.