CALIFORNIA CODES
CALIFORNIA FAMILY CODE
Division 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION
Part 1. GENERAL PROVISIONS
Chapter 3.5. ATTORNEY'S FEES AND COSTS
Current through 2010
§ 2033.
(a) Either party may encumber his or her 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.
(2) The party's belief as to the fair market value of the
property and documentation supporting that belief.
(3) Encumbrances on the property as of the date of the
declaration.
(4) A list of community assets and liabilities and their
estimated values as of the date of the declaration.
(5) The amount of the family law attorney's real property
lien.
(c) The nonencumbering party may file an ex parte objection
to the family law attorney's real property lien. The objection
shall include a
request to stay the recordation until further notice of the court
and shall
contain a copy of the notice received. The objection shall also
include a
declaration signed under penalty of perjury as to all of the
following:
(1) Specific objections to the family law attorney's real
property lien and to the specific items in the notice.
(2) The objector's belief as to the appropriate items or
value and any documentation supporting that belief.
(3) A declaration specifically stating why recordation of
the encumbrance at this time would likely result in an unequal
division of
property or would otherwise be unjust under the circumstances of
the
case.
(d) Except as otherwise provided by this section, general
procedural rules regarding ex parte motions apply.
(e) An attorney for whom a family law attorney's real
property lien is obtained shall comply with Rule 3-300 of the
Rules of
Professional Conduct of the State Bar of
California.