What Florida Law Actually Says About Lis Pendens
A lis pendens is a powerful legal tool, and because of its potential to cause serious harm, Florida law strictly limits when it can be used. Many people, and unfortunately some attorneys, still treat a lis pendens as a routine filing in divorce cases. Florida law says otherwise.
To understand why, you must start with the statute itself.
The Florida Statute You Must Satisfy: § 48.23, Florida Statutes
Florida’s lis pendens statute is not a “divorce leverage” statute. It’s a real-property notice statute, and it requires a notice to tell the public what the lawsuit is seeking as to the property.
One of the required elements is:
“A statement of the relief sought as to the property.” Florida Legislature
That phrase matters because it forces the filer to identify property-specific relief (for example, a claim that would change title, impose an enforceable property interest, or affect possession), not just a general claim for money, valuation, or “I want my share.”
The statute also makes clear that when the underlying case is not founded on a recorded instrument or a recognized lien basis, the court has authority to discharge/control the lis pendens. Florida Legislature
The Key Legal Test From the Florida Supreme Court: “Fair Nexus”
The controlling concept you’re invoking in the motion is the Florida Supreme Court’s “fair nexus” standard.
In Chiusolo v. Kennedy, the Court explained that a lis pendens should not remain in place unless the proponent can show a:
“fair nexus between the apparent legal or equitable ownership of the property and the dispute.” Justia Law
Translated for lay readers:
- A lis pendens is not valid just because a lawsuit exists.
- It must be tied to a real property claim where the lawsuit and the property interest actually match up in a meaningful way.
Why a Florida Divorce (Equitable Distribution) Often Fails That Standard
In many Florida divorces, the fight is about:
- whether an asset is marital or non-marital
- the value of the asset
- what share each spouse receives
That is an equitable distribution issue. It is not automatically a claim that affects title or possession of a particular parcel.
So when a spouse records a lis pendens during divorce solely because:
- “that property is part of the marriage,” or
- “I want the court to award me value,”
they often cannot satisfy Chiusolo’s “fair nexus” test—because they’re not asserting a legally cognizable property interest that would support recording notice to the world.
This matches your motion’s framing: in your case, the dispute is about valuation/source/date of acquisition, not a deed-based claim to title.
MOTION TO DISSOLVE LIS PENDENS
The 5th DCA’s Practical Rule: If It’s About Money Damages, Lis Pendens Isn’t Authorized
DeGuzman v. Balsini is the second case in your motion that sharpens the point: when the primary purpose of the lawsuit is to recover money damages, a lis pendens generally is not authorized because the action does not directly affect title or possession. Case Law
And DeGuzman is particularly useful in the “divorce misuse” context because it also recognizes the court’s discretion to protect the property owner from harm through a bond when the lis pendens is not based on a duly recorded instrument and the owner shows likely damages. Case Law+1
That dovetails with your motion’s alternative relief request: dissolve outright, or require a bond sufficient to protect against the harm caused by the cloud on title.
MOTION TO DISSOLVE LIS PENDENS
Clean Example (For Your Readers)
Scenario
Husband owns an LLC. The LLC holds title to a commercial property (or rental home). Wife files for divorce and wants equitable distribution.
What some people think (wrong)
“Because we’re divorcing, I can record a lis pendens on that property so nobody can sell or refinance it.”
What Florida law requires
To lawfully record and maintain a lis pendens, the filer must show a fair nexus between a real property interest and the lawsuit (Chiusolo). Justia Law
If the case is essentially about money/value rather than title or possession, lis pendens is generally not authorized (DeGuzman). Case Law
And the notice must state the relief sought as to the property (§ 48.23). Florida Legislature
So if Wife’s claim is only: “I want a share of the value,” that is commonly not enough—standing alone—to justify recording a lis pendens against property titled solely in an LLC’s name.
Why This Matters: The Real-World Damage
A lis pendens is not “just a notice.” In real life it can:
- block sales/refinances
- prevent equity loans and business collateralization
- reduce property marketability
- cause immediate financial harm while the case is pending
That’s why Florida law polices it so tightly: because the tool is powerful, public, and potentially destructive when misused.
