''Pendente lite'' is a
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
term meaning "awaiting the litigation" or "pending the litigation" which applies to
court orders which are in effect while a matter (such as 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 reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
) is pending. In divorce 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
In United States law, a (Latin for 'suit pending' ) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the c ...
''. ''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 purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
where particular
real property 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), in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under s ...
Latin legal terminology
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