I have blogged separately about the very favorable changes to the California Family Code affecting disadvantaged spouse's ability to access funds to retain competent counsel in family law proceedings.

Another improvement is the revision of Family Code section 2034, which is that statute that allows a party to encumber equity in real property to ensure access to counsel. New FC § 2034 empowers courts to " determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may determine the appropriate, equitable allocation of fees and costs as provided in subdivision (d) of Section 2032." 

This is called a "Family Law Attorney's Real Property Lien," or FLARPL.  A FLARPL is a security interest like a mortgage can be recorded against real property in order to encumber it in favor of one party's attorney, similar as if they took out a mortgage. There are limitations, however, in that they are subject to Court approval and are not beyond attack and challenge by the other party.  Most lawyers I know use them only as a last resort.

FLARPLs extend to the other party's separate property as well as to the community; in other words, they may be obtained against property owned solely by the other party, subject to the conditions of subsection (a) and the quoted language above. Whether courts will impose them on separate property more willingly, which they are characteristically reluctant to do, as a result of the new revisions remains to be seen. Without a doubt, however, this is a step forward in assuring the "out-spouse" equal access to justice. 

As always, for more relevant information try my search engine at the upper right corner. It crosses over to each of my four websites, which take together are hoped to create a valuable library of family information for your use!