(a) The following procedures shall be available to secure the financial interests of either spouse in connection with any complaint under section 46b-45 or 46b-56 or any application under section 46b-61, including, but not limited to, present and future financial interests in connection with an order for alimony or support pendente lite or other order for periodic payments: (1) Any remedy afforded by chapter 903a concerning prejudgment remedies, whether or not a money demand is made in such complaint or application; and (2) at any time after the service of such a complaint or application, if either party claims an interest in real property in which the other party has an interest, either spouse may cause a notice of lis pendens to be recorded in the office of the town clerk of each town in which is located real property in which the other spouse has an interest. The notice shall contain the names of the spouses, the nature of the complaint or application, the court having jurisdiction, the date of the complaint or application and a description of the real property. Such notice shall, from the time of the recording only, be notice to any person thereafter acquiring any interest in such property of the pendency of the complaint or application. Each person whose conveyance or encumbrance is subsequently executed or subsequently recorded or whose interest is thereafter obtained by descent, or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording of such notice, to the same extent as if he were made a party to the complaint or application. A notice of lis pendens recorded in accordance with this section may be discharged by the court upon substitution of a bond with surety in an amount established by the court if the court finds that the claim of the spouse against property subject to the notice of lis pendens can be satisfied by money damages.
(b) All notices of lis pendens recorded pursuant to the provisions of subsection (a) of this section shall be subject to the provisions of subsection (c) of section 52-325 and sections 52-325a to 52-325c, inclusive.
(P.A. 73-373, S. 5; P.A. 74-169, S. 4, 18; P.A. 77-392; P.A. 78-230, S. 23, 54; P.A. 81-8, S. 5, 9; P.A. 99-215, S. 5, 29; P.A. 03-130, S. 2.)
History: P.A. 74-169 rephrased provisions, replacing former detailed provisions in Subdiv. (1) re procedure for attachment of other party's estate by court order with reference to “any remedy ... concerning prejudgment remedies” and specifically applying Subdiv. (2) to claims of interest in real property; P.A. 77-392 specified that Subdiv. (1) remedies apply “whether or not a money demand is made ...” and added proviso in Subdiv. (2) re discharge of notice of lis pendens upon substitution of bond with surety; P.A. 78-230 made minor changes in wording; Sec. 46-38 transferred to Sec. 46b-80 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 81-8 added Subsec. (b) providing that notices of lis pendens shall be subject to the provisions of Sec. 52-325(c) and Secs. 52-325a to 52-325c, inclusive; P.A. 99-215 amended Subsec. (a) by adding “any application under section” and “or application” after “complaint”, effective January 1, 2000; P.A. 03-130 amended Subsec. (a) by adding provision re present and future financial interests in connection with order for alimony or support pendente lite or other order for periodic payments and made a technical change in Subsec. (b).
Cited. 217 C. 24.
Structure Connecticut General Statutes
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-41. (Formerly Sec. 46-36a). - Complaint includes cross-complaints or cross actions.
Section 46b-42. (Formerly Sec. 46-33). - Jurisdiction.
Section 46b-43. (Formerly Sec. 46-34). - Capacity of minor to prosecute or defend.
Section 46b-44. (Formerly Sec. 46-35). - Residency requirement.
Section 46b-44a. - Filing of joint petition for nonadversarial dissolution of marriage. Procedure.
Section 46b-44b. - Revocation of joint petition for nonadversarial dissolution of marriage. Effect.
Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.
Section 46b-49. (Formerly Sec. 46-45). - Private hearing.
Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.
Section 46b-52. - Recrimination and condonation abolished.
Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.
Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.
Section 46b-56b. - Presumption re best interest of child to be in custody of parent.
Section 46b-56c. - Educational support orders.
Section 46b-56e. - Orders of custody or visitation re children of deploying parent.
Section 46b-56f. - Emergency ex parte order of custody.
Section 46b-58. (Formerly Sec. 46-58). - Custody, maintenance and education of adopted children.
Section 46b-59. - Petition for right of visitation with minor child. Order for payment of fees.
Section 46b-59a. - Mediation of disputes re enforcement of visitation rights.
Section 46b-59b. - Court may not grant visitation to parent convicted of murder. Exception.
Section 46b-60. (Formerly Sec. 46-55). - Orders re children and alimony in annulment cases.
Section 46b-63. (Formerly Sec. 46-60). - Restoration of birth name or former name of spouse.
Section 46b-64. (Formerly Sec. 46-64c). - Orders of court prior to return day of complaint.
Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.
Section 46b-69. (Formerly Sec. 46-64b). - Statutes applicable to matrimonial actions.
Section 46b-69a. - Wage executions and earning assignments.
Section 46b-69b. - Parenting education program.
Section 46b-69c. - Advisory committee. Recommendations to Judicial Department.
Section 46b-70. - Foreign matrimonial judgment defined.
Section 46b-71. - Filing of foreign matrimonial judgment; enforcement in this state.
Section 46b-72. - Notification of filing.
Section 46b-73. - Stay of enforcement; modifications; hearing.
Section 46b-74. - Right to action on judgment unimpaired.
Section 46b-75. - Uniformity of interpretation.
Section 46b-81. (Formerly Sec. 46-51). - Assignment of property and transfer of title.
Section 46b-82. (Formerly Sec. 46-52). - Alimony.
Section 46b-85. (Formerly Sec. 46-53). - Order for support of mentally ill spouse.
Section 46b-86. (Formerly Sec. 46-54). - Modification of alimony or support orders and judgments.
Section 46b-87. (Formerly Sec. 46-56). - Contempt of orders.