Last Updated: May 2026
What Is a Lis Pendens in California Divorce?
A California Family Law Attorney’s Guide to the Notice of Pending Action
The Direct Answer
A lis pendens is a public notice recorded against real property that alerts potential buyers, lenders, and other interested parties that the property is subject to a pending lawsuit, such as a divorce, that may affect title or ownership. Under Code of Civil Procedure Section 405.2, a lis pendens is recorded in the county where the property is located and appears in title searches until the lawsuit concludes or the notice is removed. In California divorce cases, a lis pendens is commonly recorded against the marital home or other real estate to prevent one spouse from selling, refinancing, or encumbering the property while the divorce is pending. The notice does not prevent the owner from transferring the property, but it makes any transfer subject to the outcome of the divorce case, which effectively prevents arms-length sales because no informed buyer will purchase property with a clouded title.
Why a Lis Pendens Matters in Divorce Cases
Real estate is often the most valuable asset in a California divorce. In Los Angeles and Santa Monica, where home values routinely exceed seven figures, the marital home represents not just shelter but the bulk of the couple’s net worth. If one spouse sells the home during the divorce, pockets the proceeds, and disappears, the other spouse may never recover their share.
A lis pendens prevents this scenario. By recording the notice, the spouse who remains in the home or who fears the other spouse will sell protects their interest in the property. Any buyer who purchases the property after the lis pendens is recorded takes the property subject to the divorce court’s judgment. This means the buyer could lose the property or be forced to pay the non-selling spouse their share after the divorce concludes.
Because of this risk, title insurance companies will not insure property with a recorded lis pendens, and mortgage lenders will not finance purchases of such property. The practical effect is that the property becomes unsellable until the lis pendens is removed or the divorce case resolves.
At Hayat Family Law, we record lis pendens in divorce cases involving real estate when there is a risk that one spouse will dispose of the property without court approval. We also defend against improperly recorded lis pendens when a spouse files one without a valid claim to the property.
LIS PENDENS SNAPSHOT
Statute: Code of Civil Procedure Section 405.2
Effect: Clouds title; prevents arms-length sale
Recorded: In county where property is located
Removal: By court order, bond, or case resolution
Common Use: Protecting marital home from unauthorized sale during divorce
Based on California Code of Civil Procedure Section 405.2 and Family Code Section 2045
How a Lis Pendens Works in Practice
A lis pendens is not a court order preventing sale. It is a notice. The spouse who wants to protect their interest files a lawsuit, such as a divorce petition, and then records a notice in the county recorder’s office stating that the property is subject to the pending action. The notice includes the case number, the court, and a description of the property.
Once recorded, the lis pendens appears in title searches. Title companies, lenders, and buyers routinely search for lis pendens before closing transactions. When they find one, they refuse to proceed until the notice is removed or the underlying case is resolved. This creates the practical protection that the recording spouse seeks.
The spouse who owns the property can still sell it, but no informed buyer will purchase it. A buyer who purchases property with a recorded lis pendens takes the property subject to the outcome of the lawsuit. If the divorce court awards half the property to the non-selling spouse, the buyer may have to pay that spouse or lose the property entirely.
Recording a Lis Pendens in a Divorce Case
To record a lis pendens, the spouse must first file a lawsuit that affects title to real property. In divorce, the petition for dissolution is the underlying lawsuit. The spouse then prepares a notice of pendency of action that identifies the case, the parties, the court, and the specific property affected.
The notice is recorded with the county recorder in the county where the property is located. The recording fee is typically $20 to $50 depending on the county. A copy of the recorded notice must be served on the other party.
In some cases, the court requires a hearing before a lis pendens can be recorded. This is more common in non-divorce cases where the plaintiff’s claim to the property is disputed. In divorce cases, the claim to the property is usually clear because the home was purchased during marriage, and courts routinely allow lis pendens recording without a separate hearing.
How to Remove a Lis Pendens
A lis pendens remains on the property until the lawsuit concludes, the court orders its removal, or the party who recorded it voluntarily withdraws it. There are several ways to remove a lis pendens.
Case Resolution. When the divorce is finalized and the property is either sold, transferred, or awarded to one spouse, the lis pendens is no longer necessary. The party who recorded it files a withdrawal, or the court orders it removed as part of the judgment.
Motion to Expunge. The property owner can file a motion to expunge the lis pendens, arguing that the party who recorded it does not have a real property claim or that the claim is not sufficiently related to the property. If the court grants the motion, the lis pendens is removed and the party who recorded it may be ordered to pay the owner’s attorney fees and costs.
Bond. In some cases, the court allows the property owner to post a bond in lieu of the lis pendens. The bond protects the other party’s interest in the property while allowing the owner to sell or refinance. The bond amount is typically based on the other party’s estimated share of the property value.
Defending Against an Improper Lis Pendens
Not every lis pendens is properly recorded. A spouse may record one to harass the other, to gain leverage in negotiations, or based on a misunderstanding of their property rights. When a lis pendens is recorded without a valid claim, the property owner can seek expungement.
To expunge a lis pendens, the property owner files a motion under Code of Civil Procedure Section 405.30. The motion argues that the party who recorded the lis pendens does not have a real property claim that is likely to succeed. The court holds a hearing and evaluates the merits of the underlying claim.
If the court grants the motion to expunge, the lis pendens is removed from the property records. The court may also order the party who recorded it to pay the property owner’s attorney fees, costs, and any damages caused by the improper recording, such as a lost sale or delayed refinance.
The standard for expungement is not high. The moving party must show that the claim is not probable or that it is not sufficiently related to the property. In divorce cases where the property is clearly community property, expungement is difficult because the non-owning spouse has a valid claim. In cases where the property is clearly separate property, expungement is more likely to succeed.
Strategic Use of Lis Pendens in Divorce
A lis pendens is a powerful tool, but it should be used strategically. Recording one without a valid claim can backfire, resulting in expungement, fee awards, and damaged credibility with the court.
Record a lis pendens when the marital home or other real estate is at risk of sale, refinance, or encumbrance by the other spouse. This is most common when the other spouse has a history of financial irresponsibility, has threatened to sell the property, or has already listed it for sale without consent.
Do not record a lis pendens as a general tactic to pressure the other spouse. If the property is not at risk and the recording appears designed to harass, the court may view it as litigation misconduct. The better approach is to seek a temporary restraining order under Family Code Section 2045 that specifically prohibits sale or encumbrance.
Frequently Asked Questions
Quick Answers on Lis Pendens in Divorce
Q1: What does a lis pendens do to my property?
A lis pendens clouds title and makes the property difficult or impossible to sell, refinance, or encumber. Title companies and lenders will not proceed with transactions on property that has a recorded lis pendens because the outcome of the pending lawsuit could affect ownership.
Q2: Can my spouse record a lis pendens without my knowledge?
Yes. A lis pendens is recorded in the public records, and you will not receive automatic notification unless your spouse serves you with a copy as required by law. You should monitor the county recorder’s records if you suspect your spouse may file one. Title companies also report lis pendens when you attempt to sell or refinance.
Q3: Can I sell my house if there is a lis pendens?
Technically yes, but practically no. You can sign a deed transferring the property, but no informed buyer will purchase it. Any buyer takes the property subject to the divorce judgment, meaning they could lose the property or be forced to pay your spouse after the divorce concludes.
Q4: How do I remove a lis pendens?
You can file a motion to expunge under Code of Civil Procedure Section 405.30, arguing that the other party has no valid real property claim. You can also ask the court to order removal as part of the divorce judgment. If the other party recorded it improperly, they may be ordered to pay your attorney fees and damages.
Q5: Does a lis pendens affect my credit score?
A lis pendens does not directly affect your credit score because it is not a debt or a lien. However, it can indirectly affect your credit if it prevents you from refinancing or selling the property, which in turn affects your ability to manage other debts.
Q6: Can I record a lis pendens on property that is in my spouse’s name only?
Yes, if the property is community property or quasi-community property. Title in one spouse’s name does not prevent the other spouse from recording a lis pendens if they have a valid claim to an ownership interest under California’s community property laws.
Q7: What is the difference between a lis pendens and a restraining order?
A lis pendens is a public notice that clouds title. It does not prohibit action by the court. A restraining order under Family Code Section 2045 is a court order that prohibits a spouse from selling, transferring, or encumbering property. The two can be used together, but they serve different functions.
Q8: How long does a lis pendens stay on the property?
A lis pendens remains until the underlying lawsuit is resolved, the court orders its removal, or the party who recorded it voluntarily withdraws it. In a divorce, this means it stays until the property is divided by judgment or settlement, which can take months or years.
Q9: Can I be sued for recording a lis pendens?
If you record a lis pendens without a valid real property claim, the property owner can seek expungement and may recover damages, attorney fees, and costs. If the recording was malicious or designed to harass, you could face additional sanctions for litigation misconduct.
Q10: Should I record a lis pendens in my divorce?
Record a lis pendens if the marital home or other real estate is at risk of unauthorized sale or encumbrance. Do not record one as a general pressure tactic. Consult an attorney to evaluate whether your claim is valid and whether a temporary restraining order under Family Code Section 2045 is a better option.
Protecting Real Estate During Your California Divorce
Real estate is too valuable to leave unprotected during divorce. A lis pendens is one tool among several that can prevent one spouse from disposing of the marital home without court approval or the other spouse’s consent.
If you are concerned that your spouse may sell or refinance the property, talk to your attorney about recording a lis pendens or seeking a restraining order. These steps can be taken early in the case and provide immediate protection.
If a lis pendens has been recorded against your property improperly, do not ignore it. File a motion to expunge and gather evidence that the property is your separate property or that the other party’s claim is not valid. The longer the lis pendens remains, the more damage it causes to your ability to sell or refinance.
At Hayat Family Law, we advise clients on the strategic use of lis pendens in divorce cases involving Los Angeles and Santa Monica real estate. We record them when protection is needed, defend against improper recordings, and ensure that our clients’ property interests are secure throughout the divorce process.
Key Takeaways
What California Spouses Need to Remember About Lis Pendens
✓ A Lis Pendens Clouds Title: It provides public notice that real property is subject to a pending lawsuit and effectively prevents sale or refinancing.✓ It Is a Notice, Not an Order: Under Code of Civil Procedure Section 405.2, a lis pendens does not legally prevent transfer, but it makes transfers subject to the lawsuit outcome.
✓ Valid Real Property Claim Is Required: Recording a lis pendens without a valid claim exposes you to expungement, fee awards, and damages.
✓ Removal Requires Court Action or Case Resolution: A lis pendens stays until the case ends, the court orders removal, or the recording party withdraws it.
✓ Restraining Orders Are an Alternative: Family Code Section 2045 allows courts to prohibit sale or encumbrance directly, which may be preferable to a lis pendens in some cases.
✗ Common Mistakes: Recording a lis pendens without a valid claim, ignoring an improperly recorded lis pendens instead of moving to expunge, or failing to remove it after the case resolves.
Need to Protect Real Estate in Your Divorce?
Our Los Angeles family law attorneys record lis pendens, seek restraining orders, and defend against improper title clouds in divorce cases. Flat fee consultations available.
Evening and weekend appointments available. Both Santa Monica and Sherman Oaks locations.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700-D
Santa Monica, CA 90401
Phone: 310-917-1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818-380-3039
Hours: Monday – Friday, 9:00 AM to 6:00 PM
Areas Served: Los Angeles County, Orange County, Ventura County, San Diego County, and military installations statewide including Camp Pendleton, Naval Base San Diego, Travis AFB, and Fort Irwin.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Lis pendens recording and expungement involve specific procedural requirements. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.
Sources:
- California Legislative Information – Code of Civil Procedure Sections 405.2, 405.30
- California Legislative Information – Family Code Section 2045
- California Courts – Civil Litigation Rules
