California family law attorneys can secure legal fees through attorney’s liens or a Family Law Attorney’s Real Property Lien (FLARPL). An attorney’s lien attaches to any judgment or settlement proceeds, while a FLARPL places a lien on the client’s real property, with court approval. Both protect the attorney’s right to payment for services rendered in divorce or custody matters.
When you’re facing divorce in California but lack the cash to pay attorney fees, a Family Law Attorney’s Real Property Lien (FLARPL) allows your lawyer to secure payment using your share of home equity. This legal tool, authorized under Family Code 2033, creates a lien on your share of real estate that is paid when the property is sold or refinanced during divorce proceedings.
Understanding how attorney liens work can help you make informed decisions about financing your legal representation. You’ll learn what qualifies you for a FLARPL, how the recording process works, when your spouse can object, and what alternatives exist for paying attorney fees in California family law cases.
A FLARPL is a Family Law Attorney’s Real Property Lien. This means your attorney can file a claim on your share of the real estate to secure payment of their fees.
California Family Code Section 2033 created this tool specifically for divorce cases. You can use the equity in your home to pay for legal representation when you don’t have cash available. The lien only attaches to your portion of the property, not your spouse’s share.
A FLARPL is not a payment plan or contingency fee arrangement. You still owe the attorney fees regardless of how your case turns out. Payment typically happens when the property sells, refinances, or when the divorce finalizes and assets are divided.
Who Can Use A FLARPL And When
Consider an FLARPL when you have valuable real estate but lack cash to pay attorney fees. This option works best as a last resort to ensure you can afford experienced legal representation.
The ideal situation involves clear property ownership and substantial equity above existing mortgages. However, an FLARPL won’t work if there are ownership disputes, minimal equity, or potential bankruptcy issues.
You may be a good candidate if you meet these criteria:
Limited cash resources:
You lack savings, checking account funds, or easily sellable assets to cover ongoing legal costs
Substantial home equity:
Your property value significantly exceeds mortgage balances and other liens
Clear title ownership:
No significant legal disputes exist about who owns the property
Exhausted other options:
You’ve already tried court-ordered spouse contributions or payment plans without success
How Do Attorney Liens Work In Divorce
Attorney liens are legal tools that secure payment for legal services in family law cases. California allows two main types: FLARPLs and charging liens.
A charging lien is a contractual right to payment from your divorce settlement or judgment. Unlike a FLARPL that attaches to specific property, a charging lien secures payment from whatever money you receive. Both require your written consent and must meet fairness standards.
| Type of Lien | What It Secures | When You Pay | Recording Required |
| FLARPL | Your real property equity share | At sale or refinance | Yes, with county recorder |
| Charging Lien | Your settlement or judgment funds | When you receive money | No, contractual only |
FLARPL, Or Charging Lien, Or Court-Ordered Fees
Before agreeing to any lien, explore whether your spouse can contribute to your attorney fees. California Family Code sections 2030 and 2032 allow courts to order the financially stronger spouse to pay some or all of the other spouse’s legal costs.
Your choice depends on several key factors:
Spouse’s financial ability:
Whether your spouse has the resources and willingness to help pay your fees
Timeline urgency:
How quickly do you need funds to retain or continue paying your attorney
Available assets:
Whether you have real estate equity versus expected cash settlements
Court order strength:
How likely the court is to grant your request for needs-based fee contributions
How Is A FLARPL Recorded And Noticed
California family law attorneys must follow strict procedures to secure legal fees through an FLARPL. Your attorney must give formal notice to your spouse and their lawyer in accordance with the 15-day notice requirement before recording the lien. This waiting period allows your spouse to object if they choose.
Steps To Record A FLARPL
The recording process follows these specific steps:
- Your attorney confirms that adequate property equity exists to support the lien amount
- Required disclosure documents get prepared for you and your spouse
- Formal notice gets served on your spouse or their attorney
- A mandatory 15-day waiting period begins for potential objections
- Any filed objections get addressed through court hearings
- The FLARPL receives a recording with the county if no valid objections exist
Documents You Need For The Notice
The notice must include complete financial transparency through these documents:
Property legal description:
Exact wording from the deed showing ownership details
Current market value:
Recent appraisal or comparative market analysis establishing fair value
Existing debt information:
Mortgage statements, HELOC balances, and other property liens
Complete financial picture:
Your current assets, debts, and overall financial situation
Attorney fee estimate:
Detailed breakdown of expected legal costs the lien will secure
Can You Object To A FLARPL
Your spouse has the legal right to challenge a proposed FLARPL. They can file a court objection if they believe the lien is unfair or improper. The court can block the FLARPL if it finds that the arrangement would be “unjust” or result in an unequal property division.
Common Grounds To Object Under Family Code 2033
Typical objection reasons include these specific concerns:
Insufficient equity: Not enough property value remains after paying senior liens like mortgages
Unfair burden: The lien creates disproportionate financial hardship on the community estate
Timing pressure: The FLARPL timing seems designed to force an unfavorable settlement
Property disputes: Ongoing disagreements about whether the property is community or separate
How Does A FLARPL Get Paid
A FLARPL gets paid through escrow when the property sells or refinances. The lien ensures your attorney receives payment before you get your final share of proceeds. This directly affects how community property gets divided between you and your spouse.
What Happens At Sale Or Refinance
Payment follows this priority order:
- Senior liens like mortgages get paid first from gross proceeds
- Your FLARPL gets paid next from the remaining funds
- Final balance gets distributed according to community property rules or court orders
Impact On Community Property Distribution
The Family Law Attorney’s Real Property Lien (FLARPL) significantly impacts the final distribution of community property, particularly when the community home is sold. If the community residence is sold while it has both an outstanding mortgage and a recorded FLARPL, the proceeds from the sale are allocated in a specific order after the sale is finalized.
The Gross Sale Price is the first step in the process. It is the full amount that the property sold for. The Mortgage Payoff (the amount still owed on the community mortgage) and all other closing costs are paid off first from this gross amount. The money left over after these first deductions is called the Net Proceeds of the sale.
The community’s equity is shown by this net proceeds figure, which is usually split evenly. Your spouse would get half of these net proceeds. Your share, your half, before the FLARPL is taken into account, then becomes subject to the lien.
The FLARPL Payment comes straight out of your share of the home’s equity and is the amount you owe for the attorney’s fees covered by the lien. Because of this, the Final Amount you receive from the sale will depend on the details of the mortgage payoffs, any other liens still owed, and the court’s final division of assets.
Ethics And Your Protections
California law includes strict ethical rules that provide significant protection to clients when dealing with financial transactions, such as an FLARPL, with their attorney. Specifically, Rule 1.8.1 requires your attorney to ensure the transaction’s fairness, provide complete written disclosure of all terms, and advise you about the critical importance of seeking independent legal counsel.
These protections are designed to safeguard your interests: the lien amounts and fees must be based on reasonable terms that are not excessive for the services provided.
Your attorney must provide complete disclosure, explaining all risks and terms of the agreement in clear, written language.
You maintain the right to seek independent review by having another lawyer review the FLARPL agreement.
Ultimately, nothing can proceed without your informed consent and written agreement, which is required only after you have received and understood the full explanation.
Risks and Alternatives If You Cannot Afford A Retainer
While Family Law Attorneys’ Real Property Liens (FLARPLs) can be practical tools for securing legal representation, they inherently add complexity to your divorce proceedings. Before committing to a property lien, it is essential to explore other available payment options with experienced family law attorneys.
Court-Ordered Fee Awards
You should first explore legal avenues to have your spouse contribute to your legal costs. This includes requesting Needs-based fee orders from the court under Family Code sections 2030 and 2032, which require your spouse to contribute based on income disparities. Additionally, if your spouse’s unreasonable conduct increases your legal expenses, you can seek bad-faith sanctions under Family Code 271 to have them cover those costs.
Alternative Fee Arrangements
Beyond court orders, many lawyers offer manageable Attorney payment plans with monthly arrangements. You may also consider Limited scope services, where you hire an attorney for specific, critical tasks like document preparation or representation at single hearings, rather than the entire case. Finally, using Mediation services often provides a lower-cost dispute-resolution path that can significantly reduce your overall legal expenses.
Need Help With Attorney Fees In Divorce
Financing your divorce representation doesn’t have to be overwhelming. At Garwood Reeves, our Certified Family Law Specialists have decades of experience helping San Diego families find practical solutions for legal fee challenges.
We explore every available option, from seeking court-ordered spouse contributions to structuring ethical liens when appropriate. Our goal is to protect your financial well-being while ensuring you receive quality legal advocacy throughout your case.
Our team understands what families go through during divorce proceedings. We work hard to make the legal process easier while fighting for results that help you move forward with confidence. Contact us at (619) 505-0930 to schedule a consultation and discuss how we can help secure the representation you need.
FAQs Attorney Liens and FLARPL
Can A FLARPL Force The Sale Of My Family Home During Divorce
A FLARPL cannot force an immediate sale of your home during divorce proceedings. The lien typically gets satisfied when the property naturally sells or refinances as part of your overall divorce settlement.
What Happens If My Home Value Drops After Recording A FLARPL
If your home value decreases below the FLARPL amount plus senior liens, your attorney may need to accept partial payment or negotiate alternative arrangements. The lien amount doesn’t automatically adjust for market changes.
Can I Remove A FLARPL Once It’s Recorded On My Property
You can remove a FLARPL by paying the attorney fees in full or negotiating a settlement with your lawyer. Court approval may be required, depending on your specific circumstances and the terms of your fee agreement.
Does A FLARPL Affect My Credit Score Or Ability To Refinance
A FLARPL appears on your property title, but typically doesn’t directly impact your personal credit score. However, it may complicate refinancing, as lenders will view the lien as an additional claim on the property.
What Happens To A FLARPL If I File For Bankruptcy
FLARPLs are statutory liens that may survive bankruptcy proceedings better than general unsecured debts. However, bankruptcy outcomes depend on your specific financial situation and the type of bankruptcy filing you choose.
How Much Equity Must Remain In My Home To Support A FLARPL
California law doesn’t specify minimum equity requirements, but practical considerations suggest substantial equity above senior liens is necessary. Your attorney should ensure adequate value exists to satisfy the lien without creating an unfair property division.