(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.
(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 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.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 2003–2025 · leading case:
In re Scott, 400 B.R. 257 (Bankr. C.D. Cal. 2009).
In re Scott, 400 B.R. 257 (Bankr. C.D. Cal. 2009).
· cites it 7× “The lien was recorded as a Family Law Attorney’s Real Property Lien under Cal. Fam.Code § 2033, which specifically provides that such encumbrance “attaches only to the encumbering party’s interest in the community real property.”
Turkanis v. Price, 213 Cal. App. 4th 332 (Cal. Ct. App. 2013).
“The Trial Court Did Not Err in Expunging the FLARPL’s Turkanis contends that the court did not err in expunging the FLARPL’s because Price had no remaining interest in 1234 Bundy to which the *346 FLARPL’s could attach after the court awarded the property to him, and…”
In re Bush, 356 B.R. 28 (Bankr. S.D. Cal. 2006).
· cites it 3× “In other words, family law attorneys must follow the procedure set forth in California Family Code § 2033 in order to assert a lien on community real property and cannot use a charging lien.”
Ramirez v. Ramirez, 198 Cal. App. 4th 336 (Cal. Ct. App. 2011).
“Rand, ARC (Rand), appeals a family court order that requires her to sign a document to relinquish a family law attorney’s real property lien (FLARPL; Fam. Code, § 2033, subd. (a)), 1 which is recorded against her former client’s community property interest in real property.”
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018).
“) Thus, the bankruptcy court did not err in determining Charles did not acquire an interest in the Property after Chadwick signed the 2011 quitclaim deed.”
Broach v. Michell (In Re Bouzas), 294 B.R. 318 (Bankr. N.D. Cal. 2003).
“Cal. Fam.Code § 2033. Moreover, the family law court can invalidate the lien even after it is recorded to enable the other party to pay a fair share of the community obligations.”
Kipperman v. Sutherland, 356 B.R. 28 (Bankr. S.D. Cal. 2006).
· cites it 3× “In other words, family law attorneys must follow the procedure set forth in California Family Code § 2033 in order to assert a lien on community real property and cannot use a charging lien.”
Marriage of Ciliberto & Firth, No. B251411 (Cal. Ct. App. Jan. 19, 2016).
· cites it 2× “of Cal. Fam. Code § 2033 , the lien will be invalid ab initio”].”
Marriage of Wilson, No. B329777 (Cal. Ct. App. Sept. 25, 2025).
“” (Fam. Code, § 2033, subd. (a).) 2 On our own motion, we judicially notice the record in the appeal taken from the marriage dissolution litigation, case number B300609, and the record in a related pending appeal, case number B331239.”
Marriage of Shah & Shaw, No. G046448 (Cal. Ct. App. May 8, 2013).
“(Fam. Code, § 2033.) Stated simply, Shaw’s attorney was legally entitled to be paid for both the work he had already done in connection with the dissolution and whatever work he would be called on to do if the case proceeded further.”
Cal. Family Code § 2033(a): 2 cases
In re Bush, 356 B.R. 28 (Bankr. S.D. Cal. 2006).
“In other words, family law attorneys must follow the procedure set forth in California Family Code § 2033 in order to assert a lien on community real property and cannot use a charging lien.”
Kipperman v. Sutherland, 356 B.R. 28 (Bankr. S.D. Cal. 2006).
“In other words, family law attorneys must follow the procedure set forth in California Family Code § 2033 in order to assert a lien on community real property and cannot use a charging lien.”
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