How Your House Can Help You Get Divorced
These days everything is expensive, and cash is getting tight for many people. As the cash crunch gets tighter more relationships are breaking up. When couples start fighting over money, usually the lack of it, the divorce is not far off.
It is at this critical time that you most need to have the advice and counsel of a good lawyer, one who is experienced and knows the courts, which means they are going to charge for their time. Time is how an attorney charges for their knowledge.
In California clients can hire family law attorneys and give them what is called the Family Law Attorneys Real Property Lien. This is a way for you to access your home’s equity, without having to put out too much of your cash today. Frequently lawyers will take a case with a smaller retainer, if they have the protection of the Family Law Attorneys Real Property Lien.
Think of it like a home equity line for your defense. It’s a way for you to get the representation you need today, to make sure you have something left tomorrow. The way it works is you and your attorney agree that they will be paid out of your half of the community property equity in the home should you not pay otherwise. It’s security for the lawyer that they will be eventually, and it gives you the safety of having a lawyer.
Lawyers fees are generally quoted to you as an hourly rate, and with an advance of $5,000. This means that you put up a ‘retainer’ of $5,000 and as the law firm works, they transfer that money from being yours, to theirs. Each time a lawyer or a paralegal touches your case, whether writing a letter, answering a phone call from the other side,or you, they earn some of that retainer. When the retainer is used up, you must come up with another $5,000 advance to keep your lawyer working for you.
Divorces can be costly. How much, is a factor of what you are fighting over, and how vicious the other side is being. Basic divorces cost around $5,000 per person, and ugly battles can cost literally hundreds of thousands of dollars.
The Family Law Attorneys Real Property Lien allows you to hire an attorney, and not have to worry about running out of cash halfway through the game, and being left stranded mid-field with a vicious attack vampire on the other side who wants to bleed you dry.
Whether or not you’ve been blindsided by a divorce petition, odds are that your spouse has been planning it. That means they have set aside funds for their attorney, and are ready to do battle with you over the child custody, child support, spousal support and the assets and debts. If that is the case, you need a big dog on your side, and the Family Law Attorneys Real Property Lien is one way for you to even out the playing field.
THREE TIPS FOR THE FAMILY LAW ATTORNEY’S REAL PROPERTY LIEN
1. Know the value of your Interest in the Home.
Be sure to have areal estate professional give you an appraisal, even if it’s just a”drive by”, that way you are sure you have some equity. Remember you can only use your half of the equity.
2. Be realistic about your case.
Listen to your lawyer, if they say that something is not worth fighting over, don’t spend a lot of money, your home equity, fighting a losing battle, that’s not what the FLARPL is for.
3. Keep in mind this is just security.
You can always pay the attorney over time, and get to keep your home equity. The FLARPL is simply to secure the attorney their fees. Just because you aren’t paying today, doesn’t mean you can’t pay it tomorrow, and not have to sell your home.
