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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My mother & I are being sued by my three aunts in a petition

Customer Question

My mother & I are being sued by my three aunts in a petition to partition property in Compton, California that is currently a joint tenancy (my mother & I live in the home and I am in the military & we pay all bills incl. property taxes & insurance) and has no mortgage or liens. Our court date is in June, but the lawyer keeps demanding paperwork via mail. Can we submit a letter stating we will supply paperwork at the court date?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
Generally speaking there is not much to fight about in a partition action. The court will sell the property and divide the proceeds. What is the lawyer demanding?
Customer: replied 2 years ago.
The lawyer wants any correspondence they've ever had regarding the property. I'm in the military & have seen some things regarding forcible removal of active duty personnel from their residence. There is no mortgage, and they have not helped pay any expenses. My mother suffers from mental health issues & I was told that there are laws regarding the rights of the mentally ill to have a residence. It seems like there would be undue hardships on our end. I also was not properly served & they lied in the submitted paperwork saying that I was served.
Expert:  P. Simmons replied 2 years ago.
Thank you...so what is your question today? You want to wait and raise this in court?
Customer: replied 2 years ago.
Yes, can we provide the massive amounts of correspondence about the property on the court date ? If so, do we need to submit this in writing to their attorney?
Expert:  P. Simmons replied 2 years ago.
You need to provide a copy before court. What you are describing it sounds as though you are acting as your own attorney. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, consider hiring a lawyer.
But to answer the question, you are required to disclose the evidence you plan to show the judge before the hearing to the other sides lawyer. If you do not the judge can refuse to accept the evidence.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.