Alabama Complaint for Conversion of Personal Property by Co-Owner and Request for Partition

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Multi-State
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US-01705BG
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Description

Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.


An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits.

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FAQ

For example, if a brother and sister jointly own inherited property from their parents, they might agree to a partition by appraisal. In that instance, they agree in advance that one of them would buy the other's interest at whatever the appraised price is determined to be.

An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

After the partition lawsuit is filed, the other owner or owners are required to file a formal response, or Answer. The formal answer is also subject to the requirements of the Code of Civil Procedure, and must contain a number of specific allegations in order to be legally valid.

A partition action is a lawsuit that asks the court to determine the ownership shares of the property and the value of the property. The court may order the property sold and for the proceeds to be split between the co-owners.

A forced sale is generally the result of a petition to partition action. "Forced sales generally occur because tenants are unable to agree upon certain aspects of the ownership.

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Alabama Complaint for Conversion of Personal Property by Co-Owner and Request for Partition