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HomeFamily CodeDiv. 4Pt. 1Ch. 3§ 754 Notice Pendency Property Restrictions

§ 754 Notice Pendency Property Restrictions

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 754 Notice Pendency Property Restrictions

Key Takeaways

  • •If one spouse starts a divorce or separation case, the other spouse can't sell or mortgage their own property for 3 months without both agreeing.
  • •This rule only applies if the spouse starting the case records a notice in the county where the other spouse lives.
  • •The court can change this rule if they want.

Example

Husband files for divorce and records a notice in the county where his wife lives. The wife owns a house in her name only.

The wife cannot sell or take a loan on her house for 3 months without her husband's agreement, unless a judge says it's okay.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 754 Notice Pendency Property Restrictions

If notice of the pendency of a proceeding for dissolution of the marriage, for nullity of the marriage, or for legal separation of the parties is recorded in any county in which either spouse resides on real property that is the separate property of the other, the real property shall not for a period of three months thereafter be transferred, encumbered, or otherwise disposed of voluntarily or involuntarily without the joinder of both spouses, unless the court otherwise orders. (Amended by Stats. 2014, Ch. 82, Sec. 16. (SB 1306) Effective January 1, 2015.)

Last verified: January 21, 2026

Key Terms

dissolution of the marriagenullity of the marriagelegal separationreal propertyseparate propertyjoinder of both spouses

Related Statutes

  • § 1830 Family Conciliation Court Jurisdiction
  • § 1840 Marriage Conciliation Waiting Period
  • § 1841 Family Court Reconciliation Transfer
  • § 1842 Spousal Conciliation Without Children
  • § 2024 Marriage Dissolution Property Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 754.
View Official Source