Can a spouse register a certificate of pending litigation to stop the matrimonial home from being sold?
Yes, this is a recognized tool where a spouse has started, or is starting, a court proceeding that claims an interest in the specific property. A certificate of pending litigation is a notice registered against title that flags an ongoing legal dispute over the property to anyone searching it, and in practice it makes the property extremely difficult to sell or refinance, since a buyer or lender will not proceed with an unresolved certificate sitting on title.
This is a significant step, and it isn't available just because spouses disagree about something related to the home — it generally requires an actual court proceeding in which the spouse is asserting a genuine legal or equitable interest in that specific property, not simply a general family law dispute. The other spouse can challenge the certificate and ask a court to have it discharged, particularly if the underlying claim doesn't hold up or if adequate alternative security can be offered instead. Because registering, opposing, or removing one of these certificates has real, immediate consequences for a pending sale, anyone considering this step, or facing one, should get legal advice promptly rather than acting on their own.
Key takeaways
- A certificate of pending litigation is a notice on title reflecting a genuine court claim to the property.
- It effectively blocks a sale or refinance, since buyers and lenders won't proceed with it unresolved.
- It requires an actual proceeding asserting a real interest in that specific property, not a general dispute.
- The other spouse can seek to have it discharged; get legal advice before registering or challenging one.