Boyle Heights Partition Lawyer

Partition Actions in Boyle Heights

Boyle Heights is a historically diverse neighborhood located in East Los Angeles. It is home to a large population of Mexican-Americans, as well as other immigrant communities. The area has a rich history, having been home to many of the city’s earliest settlers. It is also home to a number of cultural institutions, including the Boyle Heights Arts Conservatory, the Boyle Heights Historical Society, and the Boyle Heights Cultural Center. The area is known for its vibrant street art, and is home to a number of murals and other public art installations. Boyle Heights is also home to a number of small businesses, including restaurants, shops, and galleries.

The median home value of Boyle Heights, Los Angeles is $539,000, according to Zillow. According to the U.S. Census Bureau, there were 24,845 households in Boyle Heights, Los Angeles, California in 2019.

Experienced Real Estate Partition Action Attorneys Serving Boyle Heights

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.

Speak to Our Boyle Heights Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (213) 933-3300 or contact us below to schedule a free, 15-minute consultation

    DeMartini v. DeMartini – Partition Action Case Study

    In the legal case of DeMartini v. DeMartini, 2022 WL 2045593, A160849 (7-Jun-2022), the partition issues revolve around the division of a jointly owned property. The parties in the case are the two siblings, who inherited the property from their parents. The siblings are unable to agree on how to divide the property, and the court must decide how to divide the property in a fair and equitable manner. The court must consider the value of the property, the interests of the siblings, and any other relevant factors in order to make a decision. The court must also consider the potential for future disputes between the siblings, and the potential for future litigation if the partition is not done properly.

    Contact our Team of Experienced Partition Lawyers Serving Boyle Heights

    Our Boyle Heights partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (213) 933-3300 or contact us online today.

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