Q: I want to start ASAP a partition to force sale of my uncles duplex which I own 50% do I need cash to pay lawyer now?
I don't know how to get started by myself I need an attorney to help me do this The property is a duplex near Koreatown in LA appraised value was at $1.2M 6yrs ago. I inherited this 50% from my mother. My uncle owns the other 50% and he lives in the main house and rents the other side unit for $1200 this was amount I heard from my aunt yrs ago I don't know current rent amounts. I have no way to find out except going in person to ask tenants and I'm scared of my uncle so I won't go ever. I would like to recover some back rents if possible and ask to sale so I can take my half and go invest somewhere else away from him. Problem is I hardly have cash on hand to spend on anything.
A: If there is equity in the property, you do not need to pay an attorney up front for a partition lawsuit. Schedule a free consultation to protect your interest in the property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Many attorneys who handle partition actions in Los Angeles will work on contingency or delayed payment arrangements, understanding that clients often can't pay large retainers upfront. Your situation - owning 50% of a valuable property without receiving any rental income - is common, and lawyers often see these cases as worthwhile investments.
You can take advantage of free initial consultations with several real estate litigation attorneys to discuss your case. During these meetings, discuss payment arrangements - some lawyers might agree to be paid from your share of the proceeds when the property sells, especially given the duplex's significant value and clear potential for recovery of back rents. The strength of your case lies in California law strongly favoring partition actions, making it highly likely you'll succeed in forcing a sale.
Consider reaching out to the Los Angeles County Bar Association's referral service to find qualified attorneys who handle partition cases. When meeting with lawyers, bring any documentation you have about your inheritance, property ownership, and past communications about rent. Even without complete rental records, your right to partition remains strong, and discovery during the legal process can uncover the actual rental income history.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
