Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce case? This is a notice that is placed on a property to alert potential buyers that there may be an issue with the title to the property. A lis pendens is only appropriate under certain circumstances. This was an issue in the case Golubtsova v. Budaev, 3D25-0737 (Fla. 3d DCA September 10, 2025).
In this dispute between former spouses, the former wife alleged the former husband and his corporate entities converted and misappropriated rental proceeds from properties purchased during the parties’ marriage. The former wife filed notice of lis pendens with relation to the property, and the former husband sought to dissolve it. The trial court dissolved the lis pendens on the basis that the lawsuit sought rental proceeds. The former wife appealed.
The appellate court affirmed, holding that “To avoid discharge, the proponent must show that the lis pendens is warranted. He or she must ‘establish a fair nexus between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit.’ Chiusolo v. Kennedy, 614 So. 2d 491, 492 (Fla. 1993).” The court concluded “As evidence of a nexus, Golubtsova focuses on the fact that she asserted a claim for equitable lien or constructive trust. But the title of a count in a complaint is not controlling—we must look to the substance of what is being sought. [. . .] At its core, the complaint does not concern apparent legal or equitable ownership of the property. Instead, it seeks money damages—past rents from the property. [. . .] It does not affect the title of the property. [. . .] Since this is simply a lawsuit for damages, there is no nexus ‘between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit.’”
Schedule your consultation with a Miami family law attorney to determine how the law may apply to the facts of your case.