California Family Code

§ 2033

FAM § 2033 Effective Jan 1, 2020Div. 6 · Part 1 · Ch. 3.5

Statute text

(a)Either party may encumber the party’s interest in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. This encumbrance shall be known as a “family law attorney’s real property lien” and attaches only to the encumbering party’s interest in the community real property.

(b)Notice of a family law attorney’s real property lien shall be served either personally or on the other party’s attorney of record at least 15 days before the encumbrance is recorded. This notice shall contain a declaration signed under penalty of perjury containing all of the following:

(1)A full description of the real property.

…

Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 15. (AB 1817) Effective January 1, 2020.