Legal Question in Real Estate Law in California

Re: lis pendens

Retain divorce counsel and file for divorce. He cannot do anything illegally to affect your share of the marital community property as long as you fight for it. However, it sounds like he has some misbegotten ideas about what he can do, so only a divorce action can probably bring him into line. The filing of the divorce petition creates injunctive protection against the behavior he is threatening. Your divorce attorney can also join the other guy as an interested party if your husband transfers the property before you file. Nevertheless, don't delay: You don't want the other guy encumbering the property with a new mortgage before your attorney can take action, including the possible filing of a lis pendens (i.e.notice of pending action) on the property's title to avoid a sale or encumbrances.

Re: lis pendens

First, joint tenancy means that if one dies the other joint tenant owns the entire property. So if your husband died, his friend would own 100%. You must insist that the title become Friend as to 50% undivided interest and Husband and YOu as to 50% undivided interest as husband and wife, as tenants in common, or something like that. Or you should sue to establish your interest in the property. Once you file suit you can record a lis pendiens.