Legal Question in Real Estate Law in California

The law does not require you to be an attorney to handle legal work, as long as you do not charge for it. So you can read various law books on procedure, partition, pleadings, etc. and try on your own to get a court order to divide the property. Whether you can do it successfully is another question; most attorney have never tried to do such a petition. You can contact Mr. Whipple who has done at least two [cost about $15,000 total]. You certainly need an attorney to supervise your efforts as minor mistakes can waster a large amount of time. Since the house is mortgage free, once it is rented out it would be, on paper, very profitable, which would make a judge less willing to grant a partition since keeping the house does not impose an economic burden. You need to come up with reasons as to why it should be sold and not kept.

There is no legal requirement that you have an attorney, if you are representing yourself in a partition action. I have no knowlede whether you would be able to do it yourself, however.

The number one problem with handling an action yourself is that one of the three cannot file for all three. Each person would have to file on their own behalf. Otherwise the one filing would be practicing law without a license. Mr. Whipple has done a few of these, if you want to hire an attorney. I have done a half dozen over the course of my career if you would like a second opinion. Might I recommend, however, trying mediation? Partition actions really never go to trial and sale, since that will never raise as much money as agreeing to sell, or agreeing to rent, buy-out, or other negotiated resolution to the situation. They are the perfect type of case for a mediation. You don't provide your location, but if you are anywhere in the Bay Area, Sacramento, or southern LA, Orange or northern San Diego counties, my firm has mediation facilities available in your area.

Sure. If you can figure out how to do so correctly and effectively, against an objecting party with an attorney fighting you.