Head
Head v. Crawford
Opinion
Lead Opinion
Woolpert, J.
Plaintiff wife asks this court to hold that the lis pendens she filed in her dissolution proceeding protected the entire community property from a subsequently recorded bail bond lien incurred without her knowledge by her husband. We agree the lis pendens procedure applies to dissolution actions but find in this case it did not have the effect contemplated by the wife.
The Facts
Plaintiff Juda Lee Head (hereafter Juda) and Tracy Lee Head (hereafter Tracy) were married in 1962. In 1963 they purchased real property in Tulare County which we will call the subject property. A copy of the “Agreement of Sale” was recorded the same year. That document describes the buyers as “husband and wife,” and as “joint tenants.”
In 1980, Juda alleged she was severely beaten after confronting Tracy with accusations that he had abused their foster children. Juda and Tracy separated. Charges were immediately filed and Tracy was arrested the next day.
*36 On the day of his arrest, Tracy signed a “Bail Bond Agreement” and a “Defendant’s Financial Declaration” furnished by defendant Crawford, a bail bondsman. The subject property was listed as security in the financial statement. The…