(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 the party’s 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.

Terms Used In California Family Code 2034

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150

(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. 2019, Ch. 115, Sec. 16. (AB 1817) Effective January 1, 2020.)

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