Family Law Fees

[LisaDW]

I have a question concerning Family Law Fee Agreements.
When charging by the hour and using a lien on the family home to secure payment, does that necessarily mean the client must then pay an increase of normal hourly rates ($75/hr more) plus be charged interest?
Also, can a lien be made on a piece of property that is not in the client's name, but is seperate property owned by the spouse, without the spouse's consent?

 

[army judge]

Be very careful if you choose any of those strategies, particularly the latter.


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[jharris352]

I will go beyond what Army said, if you lien the property of the client's spouse you may find yourself in a world of hurt. She doesn't owe you, he does and he can't offer her property as collateral for anything.

 

[LisaDW]

I believe the lien on spouse's property was done with the intent that property will be declared community property by the judge and fees can will then be secured when property is divided and settlement is finalized.
However, lien was filed while property was still separate property. It has not yet been declared community property (and might not).

 

[jharris352]

You can't file a lien in the anticipation that the house will be declared community property.

 

[LisaDW]

It was done. Attorney filed at the Recorder's Office. The lien is filed in wife's name. Property is in husband's name only, purchased as separate property.

 

[army judge]

It was done. Attorney filed at the Recorder's Office. The lien is filed in wife's name. Property is in husband's name only, purchased as separate property.

If I had any control over this, I'd take it off ASAP.

Most judges will respond very unkindly to such actions.
Most defendants that have that done to them become plaintiffs.
The ones that do that, often find themselves as defendants.

Take it off, just take it all off!!!


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