''Pendente lite'' is a
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
term meaning "awaiting the litigation" or "pending the litigation" which applies to
court order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...
s which are in effect while a matter (such as a sale of goods or a
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
) is pending. In divorce cases, a ''pendente lite'' order is often used to provide for the support of the lower income spouse while the legal process moves ahead.
[For more elaboration on how pendente lite works, see the Tanzanian statute "The Probate and Administration of Estates Act Cap 352 Revised Edition 2002", especially Section 38]
''Pendente lite'' should not be confused with ''
lis pendens''. ''Lis pendens'' also means "a pending lawsuit", but ''lis pendens'' is a document filed in the public records of the
county
A county () is a geographic region of a country used for administrative or other purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...
where particular
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a ''lis pendens'' notice effectively ties up the property until the case is resolved. ''Lis pendens'' notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
See also
*
Interlocutory appeal
An interlocutory appeal (or interim appeal) occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. The rules governing how and when interlocutory appeals may be taken vary by jurisdiction.
United St ...
References
Latin legal terminology
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