Gale

I. INTRODUCTION

In this writ proceeding we hold that a family law petition for dissolution of marriage which does not allege a community interest in specific real property does not state a “real property claim” so as to support the filing of a notice of lis pendens with regard to that property. The plain language of the governing statute, section 405.4 of the Code of Civil Procedure, requires a pleading which alleges a claim that affects title or possession to “specific real property.” The common practice of family lawyers in this state of being deliberately cagey or noncommittal in the family law petition or response by not specifying items of community and separate property (e.g., “such assets as may be discovered at a later date” or “the full nature and extent of petitioner’s community property is unknown at this time”) does not comply with the statutory requirements allowing the filing of a notice of lis pendens, and consequently will not support such a filing.

II. BACKGROUND

Lee Gale (Husband) and Laura Gale (Wife) were married in 1994. Prior to the marriage, Husband was the trustee of a living trust that owned three expensive houses in Newport Beach, two of which…