Boyle Heights Partition Lawyer

Jointly Owned Property Issues in Los Angeles

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

  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • 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.
  • 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.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.

Partition Attorney in Los Angeles, California - Los Angeles County Partition Lawyer

Our Boyle Heights Partition Attorneys Know Los Angeles County

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.

Boyle Heights is a neighborhood located in the Eastside of Los Angeles, California. It is one of the oldest neighborhoods in the city, having been founded in the late 19th century. The area was originally part of the Rancho San Rafael, which was granted to Corporal Jose Maria Verdugo in 1784. The area was later subdivided and sold to various families, including the Boyle family, who gave the area its name. In the early 20th century, Boyle Heights became a popular destination for Jewish immigrants from Eastern Europe. The area was also home to a large Japanese-American population until the 1940s, when they were forcibly relocated to internment camps. In the 1950s and 1960s, Boyle Heights became a center of the Chicano Movement, with many civil rights and labor activists living in the area. Today, Boyle Heights is a vibrant and diverse community, with a large Latino population and a growing number of young professionals.

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 an Experienced Partition Attorney in Boyle Heights, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Los Angeles have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Los Angeles County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (213) 933-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Boyle Heights, California