Las Vegas, NV asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada

Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently, I'm attempting to locate hidden assets. The transferred assets are not under any legal restrictions. Can the plaintiff file a lis pendens and record it with the county clerk in this situation?

1 Lawyer Answer
Jennifer Setters
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Answered

A: A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly to the division of financial assets or joint accounts.

However, since you are dealing with the transfer of assets post-judgment, you may have legal options to prevent further dissipation of marital property, such as:

Post-Judgment Enforcement Actions – If the court has already issued a judgment, you may need to file a motion for contempt or enforcement to compel compliance. Courts have the authority to freeze accounts or issue wage garnishments to recover improperly transferred assets.

Fraudulent Transfer Claims – If the defendant has transferred assets to avoid execution of the judgment, you may have grounds to file a fraudulent transfer action under the Uniform Fraudulent Transfer Act (UFTA). This could help you recover assets that were improperly moved.

Asset Discovery & Recovery – If you suspect hidden assets, you may request post-judgment discovery, including subpoenas, depositions, or forensic accounting, to trace and reclaim those funds.

Can You File a Lis Pendens?

A lis pendens is typically not applicable to financial accounts or personal property unless real estate is involved in the asset division. If the transferred assets include real property, a lis pendens may be appropriate to prevent further transfers while litigation is pending. However, this depends on the specifics of the case.

Since you are dealing with delayed execution and asset transfers, consulting a family law or asset recovery attorney is strongly recommended. They can assess whether a lis pendens is viable or whether alternative legal remedies, such as an injunction or fraudulent transfer action, would be more effective.

If you need immediate action, filing a motion for enforcement or contempt in family court may be the best course to compel compliance with the judgment.

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