Sec. 46b-80. (Formerly Sec. 46-38). Prejudgment remedies available; lis pendens; notice; effect.
Sec. 46b-80. (Formerly Sec. 46-38). Prejudgment remedies available; lis pendens; notice; effect. (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.