(a) On application of either party, the court may deny the family law attorney’s real property lien described in Section 2033 based on a finding that the encumbrance would likely result in an unequal division of property because it would impair the encumbering party’s ability to meet his or her fair share of the community obligations or would otherwise be unjust under the circumstances of the case. The court may also for good cause limit the amount of the family law attorney’s real property lien. A limitation by the court is not to be construed as a determination of reasonable attorney’s fees.
(b) On receiving an objection to the establishment of a family law attorney’s real property lien, the court may on its own motion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may determine the appropriate, equitable allocation of fees and costs as provided in subdivision (d) of Section 2032.
(c) The court has jurisdiction to resolve any dispute arising from the existence of a family law attorney’s real property lien.
(Amended by Stats. 2010, Ch. 352, Sec. 6. (AB 939) Effective January 1, 2011.)
Last modified: October 25, 2018