Yes, an individual can act as their own attorney. However, Partition actions are very technical different rules than regular civil actions. You must purchase a litigation guarantee from a title company, and file a copy of the litigation guaranty with the complaint to partition. Your complaint needs to name as defendants, all persons identified in the Litigation Guarantee, as having a potential interest in the property, as well as all unknown persons claiming any such interest. You then need to get a court order permitting service of the unknown persons by publishing the Summons in an appropriate newspaper. You also need to get a court order permitting you to record a Lis Pendens, and file a copy of the Lis Pendens with the County Recorder's stamp in the court file. Partition is governed generally by Code Civ. Proc. 872.010 et seq. and 874.010 et seq.The procedure for partition by sale is governed by Code Civ. Proc. 873.510 et seq. The procedure for partition by appraisal is governed by Code Civ. Proc. 873.910 et seq.
Answered on Apr 15th, 2014 at 7:50 PM