What is a notice of lis pendens in Florida in a divorce? Not everybody knows what that Latin phrase means as it is rarely used in the context of, and it is seldom a part of a divorce case. A Florida notice of lis pendens is traditionally reserved for real estate and civil litigation. It is noteworthy that some divorce cases involve claims to the title of a marital home, the mortgage note on the marital home, and so on and so forth. Let’s take a recent case from December of 2024. This district court of appeals opinion was filed less than a month ago (as of the publication of this article), which makes it not only fascinating and highly relevant, but also completely up to date. In this case, Trujillo v. Garcia (Fla. 3d DCA 2024), there occurred a dispute between neighbors. The trial court granted a motion discharging the lis pendens noticed by one of the litigants, in other words, eliminating it or canceling it, i.e. dissolving it. The trial court (affirmed by the district court of appeals) determined there was an insufficient nexus or connection between the property and the lis pendens. The reasoning behind a notice of lis pendens is to alert creditors, prospective purchasers, and others to the fact that the title to a particular piece of property is involved in litigation (also known as cloudy or unclear chain of title).
When you purchase a property, a clear title is generally necessary in order to close on the property without the threat of litigation looming in the background. The proponent of a lis pendens Florida divorce, the person that’s asking the court for a notice of lis pendens Florida to be granted or accepted, must establish a fair connection between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit. That typically requires the plaintiff or petitioner’s claim to potentially grant an interest in the realty itself before a Lis pendens can be maintained. When or if a complaint does not establish that relationship, the court should (not necessarily must) discharge the lis pendens and dissolve any injunctions/enjoinments against the sale of the property.
Fundamentally, a lis pendens is improper when the lawsuit itself does not affect the title of the subject property. In a divorce case, if you and your spouse own a marital property together, and there is some fear the property may be sold or alienated, a lis pendens might be appropriate though not necessary in all cases. Almost every dissolution of marriage involves some kind of property, personal or real property. Not every case has a lis pendens or requires one.
In order to dissolve a lis pendens, the court needs to know that only one person has an ownership interest and not both parties in a marriage. For example, if a spouse owns a property and then marries and then titles the house in both spouses’s names, if one spouse were to file a lis pendens, it might be appropriate due to the nexus of ownership. Every case has unique facts and people challenge these things with or without good cause. People file notices with or without good cause. That’s just the fact of litigation.
Contract disputes, civil litigation, or divorce cases in which an interest in real property is at issue for providing third parties protections over their potential rights to real property. The complaint in the Trujillo case does not allege that Trujillo had any special ownership in or lien on Garcia’s property. The litigation would not affect the title in any manner, not a manner, but in any manner. There was simply no nexus between the two in this case.
In a lawsuit for damages a notice of lis pendens in Florida might be improper and therefore it remains dissolvable. The appeal was denied. It is important for you folks to do your research and understand what are the benefits and burdens of filing a motion to dissolve a notice of lis pendens in Florida.
