How can I keep my spouse from selling properties before we divorce in Florida?
In order to prevent the sale of your properties pending divorce, you can file what is called a Lis Pendens. A notice of Lis Pendens is an official legal document filed in the public records of the county where the land is located notifying the world that there is a claim against the subject property. The Florida Legislature passed laws that govern the requirements of where this document is filed and what must be specified in the notice, including things like names of the parties involved and the relief being sought.
The notice acts to provide formal notice to anyone wanting to buy real estate in the State of Florida, as well as anyone wanting to place a lien or encumbrance on the property, that “a suit has been filed that could affect title to that property.” Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla.1993).
Finding a Notice of Lis Pendens in a title search will raise a red flag that there are legal disputes being asserted against that must be cleared in order for the seller to convey the property in a condition required by most standard Florida real estate sales contracts.
Under the Florida Statute 48.23 c (1), A notice of lis pendens must contain the following:
a. The names of the parties.
b. The date of the institution of the action, the date of the clerk’s electronic receipt, or the case number of the action.
c. The name of the court in which it is pending.
d. A description of the property involved or to be affected.
e. A statement of the relief sought as to the property.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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