Family Code Section 2033 FLARPL Considered.
Although there was a reversal because an order rendered without an indispensable party is void (with the appellant being an indispensable party able to challenge the void order), the appellate court in Marriage of Ramirez, Case No. D058284 (4th Dist., Div. 1 July 19, 2011) (unpublished) discussed a family law attorney’s real property lien (FLARPL).
FLARPL is authorized by Family Code section 2033. It allows either spouse to unilaterally encumber his/her community property interest in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a dissolution proceeding, with the lien attaching only to the encumbering party’s interest in the community real property. There are strict notice and procedural requirements for obtaining FLARPL, with the adverse party’s attorney being given advance notice of recordation and with an objection process being given by the unencumbering spouse–although the family law court has jurisdiction to resolve any dispute regarding FLARPL.
The real kicker is that FLARPL will survive transfer of property to the unencumbering spouse under a property division arrangement even if the underlying debt was assigned to the encumbering spouse. (Lezine v. Security Pacific Financial, 14 Cal.4th 56, 65 (1996).) Wowie!