Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy

Abstract

A divorce case may involve matters of lis pendens, judgment liens, homestead rights, and bankruptcy. Lis pendens is invoked if one or both parties own property when the divorce petition is filed, so third parties may be affected if they attempt to purchase from one of the litigants during the pendency of the divorce. Since a divorce may result in money judgments for alimony, division of property, child support, and attorney fees, judgment liens may burden the owner of land after the divorce. Homestead rights may be claimed to protect against these judgment liens. A former spouse may file for bankruptcy following the divorce and thereby attempt to be relieved of a judgment lien on property.

In this article we will explore these concepts in the Kansas setting. We will examine statutes and cases and offer some suggestions to the practitioner and the legislature.