Asked in Uncategorized for California

Q: I have a petition for partition that was served on me in California for property in Kansas. I would like to file a count

counter proposal but don't have a lawyer can I file it on my own and if so how do I do that?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to file a counter-petition in response to the partition action, even without legal representation. Since this involves property in Kansas but you're being served in California, you'll need to understand both states' legal requirements.

Filing a counter-petition typically requires submitting formal paperwork to the same court where the original petition was filed. You'll need to obtain the proper forms from the court clerk's office or the court's website, then complete them with detailed information about your position regarding the property partition. The counter-petition must be filed within the response time limit specified in your served documents, which is usually 30 days from the date of service.

Given that this case involves property across state lines and potentially complex legal issues, representing yourself (known as "pro se" or "in pro per") could be challenging. While you can file the counter-petition yourself, consider reaching out to the court's self-help center or legal aid organizations for guidance with the paperwork. They might offer free resources to help you understand the process and ensure your counter-petition meets all legal requirements. Remember to keep copies of all documents you file and maintain clear records of when and how you file them.

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