At Contreras Law Firm in San Diego, we understand that financial worries shouldn’t keep you from getting the legal help you need during a family law dispute. That’s why we’re one of the few local firms that accept Family Law Attorney’s Real Property Liens (FLARPLs) for qualifying clients.
With a FLARPL, we can secure our fees against your interest in real estate, giving you access to skilled San Diego family law attorneys even if your money is tied up in property and you don’t have cash for attorney fees. Our goal is to ensure you have strong representation from start to finish, no matter your present financial situation. Contact our team today to schedule your consultation.
What is FLARPL?
FLARPL stands for Family Law Attorney’s Real Property Lien. It’s a legal tool used in California family law cases that allows an attorney to secure their payment by placing a lien on a client’s interest in real estate, such as a home, until fees are paid.
How does it work?
A family law lawyer and client agree that attorney’s fees will be secured by a lien on real property rather than immediate cash payment. The lawyer records the lien against the property, and their fees are typically paid when the property is sold, refinanced, or otherwise transferred, or when the case concludes.
Who qualifies?
Qualifying clients are those who need legal help with a family law matter (like divorce or property division), have an ownership interest in real property, and may not have sufficient cash to pay legal fees upfront. Approval from the court is also usually required to ensure fairness.
Benefits & Risks & Considerations Types of Family law Cases that Qualify
FLARPLs can be very helpful if you need a family law attorney but have most of your assets tied up in real estate instead of cash. Before deciding if a FLARPL is right for you, it’s important to weigh the benefits and risks, and consider your specific type of legal case.
Benefits of Using a FLARPL
Choosing a FLARPL opens the door to professional legal help even when your savings are low, as your legal fees will be paid from your property value instead of upfront. This helps you secure strong representation and upholds your rights throughout your divorce or property dispute. The lien system also ensures careful tracking of what you owe so payments can’t be lost or disputed later.
Risks and Considerations
There are important points to keep in mind before choosing a FLARPL. The amount owed to your attorney will be subtracted from the equity in your home when it’s sold or financed, so you may receive less net proceeds. The lien can also make refinancing or a sale more complicated. You’ll need court approval to attach a FLARPL, which protects all parties but may add hurdles. Carefully consider the long-term impact on your finances if your legal fees come out of your property as well.
Can You Be Forced To Sell So the Attorney Gets Payment?
No, a lawyer cannot force the immediate sale of your property just because of the FLARPL. The FLARPL acts as a lien, not as a direct order for a sale. However, the lien does mean the attorney has a secured interest in your share of the property.
Here’s how it works:
- The unresolved lien will generally prevent you from selling, refinancing, or transferring the property unless the attorney’s fees are paid as agreed.
- The attorney typically waits until the property is sold at a later date, even if that’s years in the future, to get paid.
- If you want to transfer or sell your interest, the FLARPL must be satisfied (paid off) first.
Only in rare or unusual situations, and usually with court approval, could a foreclosure or forced sale be pursued to recover unpaid fees, and this is not the standard route in California divorce cases. Most often, the lawyer is paid from the client’s share when the property changes hands, or alternative payment terms are arranged.
Contact Contreras Law Firm to Schedule a Free Consultation With a Family Law Firm Accepting FLARPL in San Diego
With years of experience guiding clients through complicated California divorces and property issues, Contreras Law Firm is ready to help you move forward. We take pride in offering practical solutions for those who may not have access to large cash reserves during difficult times. If you have questions about FLARPLs or how our firm can protect your interests, contact us today for your free and confidential consultation.