FLARPL stands for Family Law Attorney’s Real Property Lien. This legal option in California allows a family law attorney to set a lien on a client’s real property, usually a home, so that their fees can be secured during a divorce or other family law matter.
Why Is a FLARPL Used?
FLARPLs are useful in situations where a client needs a divorce lawyer but doesn’t have much available cash because the major assets are in real estate. By letting an attorney secure their payment through a property lien, clients gain access to representation without needing large upfront legal fees. This is also helpful in divorces where one spouse controls most of the finances and the other needs financial help filing for divorce.
How Does a FLARPL Work?
The process starts with your lawyer recording a legal lien against your interest in real property. This lien is officially attached to the client’s share of the home or other real estate involved in the family law case. Usually, the lawyer is paid from the proceeds when the property is sold or after the case settles, whichever happens first, making it possible to cover fees without hardship during the legal process.
Does the Court Have to Approve a FLARPL?
You can’t just add a FLARPL without following proper legal steps. In most cases, court approval is needed to guarantee both sides get treated fairly.
Fairness and Legal Compliance Remembered
Requesting a FLARPL usually means your lawyer will let the court review and approve the plan first. The court checks to make sure attorney fees are reasonable and that putting a lien on property is fair based on the financial circumstances and amount at issue.
Notice to Other Parties
When a FLARPL request is under review, any other parties with a potential claim on that asset, like another spouse or co-owner, are normally notified as part of the legal process. This keeps everyone informed throughout the process.
Does a FLARPL Affect Ownership of the Property?
Some clients worry that adding a FLARPL could cause them to lose rights to their home or let the lawyer take over ownership. The impact is much narrower.
Does Not Transfer Ownership or Control
A FLARPL simply creates a legal claim on a share of the equity connected to legal fees; it doesn’t mean the lawyer becomes a part-owner or gets management authority over the house.
Only Secures Payment
What this really does is “secure” the lawyer’s right to be repaid once the house is sold or property is settled in court. The client keeps control and ownership in every other sense until sale or full resolution.
What Happens if The Property Isn’t Sold?
If the property isn’t sold, the FLARPL still remains attached to your share of the property until the attorney’s fees are paid. This means the attorney has a legal claim on that interest, even if you continue living in or keeping the property. Depending on what you agree with your lawyer and the specifics of your settlement or judgment, a few things might happen:
- The attorney may decide to wait until the property is sold in the future, even if it happens years later.
- You might pay the outstanding fees directly from your own funds or arrange a repayment plan as part of your divorce settlement.
- Sometimes, refinance or buyout options are negotiated to satisfy the FLARPL, meaning you (or your ex) pay the fees by taking out a new loan or purchasing the other’s interest.
The FLARPL essentially keeps the fees in place, so the lien must be paid off (removed by satisfying the debt) before you can transfer the property freely, sell to someone else, or refinance easily.
If you have any questions about this process or need help, our firm uses this method of payment to help clients get the representation they need. Reach out today to schedule a free consultation.