Q: How can I petition court for Judicial declaration?

A: There is no short answer to your question. It depends upon the language of the default judgment and the legal right upon which it is predicated. The attorney who assisted you in the lawsuit in which you obtained the default judgment is in the best position to provide you the necessary advice because he/she already knows the facts and circumstances of your particular situation and the legal theory on which a default judgment was granted. Typically, the default judgment itself would contain declaratory relief authorizing the sale by you and specifying the terms and conditions applicable in your case.

A: This is a question that cannot be answered without full knowledge of the facts and circumstances giving rise to the default judgment. For example, a straight-up suit for partition by sale is available anytime there are two or more co-owners of a single parcel of real estate with no mortgage, liens, etc. and either party wants to sell the the real estate. In that case, the default judgment is going to include specific findings, the exact legal description of the property, and say something like the following:

"IT IS ORDERED the the above-described property be sold and the the proceeds of such sale be distributed among the above-listed co-owners in accordance with their proportional interests as found herein.

IT IS ORDERED that [name of person], a competent and disinterested person, is appointed received to sell the above-described property at a public or private sale, for case, and subject to confirmation by this Court upon sworn report of such sale."

Typically, once the Receiver's report is received, either party will have the opportunity to object, and then a Decree Confirming Sale will be entered.

Your multiple questions in this forum suggest that a default judgment was entered giving you yourself permission to sell the 20 acres and that you are one of the co-owners. That suggests that your case was not a straight-up suit for partition by sale because you are an interested party, and are not eligible to be the actual person selling the property as receiver because you are not disinterested.

If the co-ownership arose as a result of a divorce, different language would be used.

If the co-ownership arose as a result of probate proceedings in which the co-owners inherited the property, different language would be used.

If the sale arose as a result of one co-owner paying the property taxes on the property while the other one didn't, different language would be used.

If the sale arose because one co-owner's bankruptcy, different language would be used.

If one of the co-owners acquired a partial interest in the property through a sheriff's sale, etc., different language would be used.

If the property has any liens, assessments, mortgages, etc. against it, different language would be used.

Your particular situation depends on your particular facts and the reason for the sale. The decretal language (i.e. judicial declaration) set forth in your particular judgment depend on our particular situation.

In one of your posts, you mentioned that you obtained the default judgment pro se. This type of real estate litigation is not a DIY project. In fact, it likely requires a higher degree of legal skill than a divorce or a probate or a bankruptcy--none of which I recommend an individual attempt pro se unless it is a very simple, straightforward case and the pro se litigant has significant legal experience in that particular area of law, for example by previously working in a substantive capacity in a law firm practicing that area of law.