Legal Dictionary

pendente lite

Legal Definition of pendente lite

Etymology

    Latin Origin

Phrase

  1. During litigation.

    Example: If the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will.

    Another Example: An injunction pendente lite, to last only during the litigation and, again, designed simply to preserve something until the decisive court order is issued

Etymology

    Latin origin

Related terms


Definition of pendente lite

Phrase

pendente lite

  1. (law) pending a legal suit in court

Further reading

Pendente lite is a Latin term meaning "while the litigation is pending" which is used for court orders or legal agreements entered into while a matter (such as a divorce) 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.

Pendente lite should not be confused with lis pendens. Lis pendens also means pending lawsuit. But lis pendens is a document filed in the public records of the county 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.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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