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

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US-01705BG
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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.

An Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document that enables an individual to seek legal recourse when their co-owner wrongfully takes, retains, or converts personal property belonging to both parties. This complaint allows the aggrieved party to request the court's intervention in order to either recover their fair share of the property or seek a partition to divide the assets fairly between the co-owners. Keywords: Arizona, Complaint, Conversion, Personal Property, Co-Owner, Request, Partition, Legal Recourse, Wrongfully Takes, Retains, Converts, Aggrieved Party, Court's Intervention, Recover, Fair Share, Assets, Divide. Different Types of Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: 1. Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Monetary Damages: This type of complaint is filed when the co-owner not only wrongfully takes or retains personal property but also causes financial harm to the aggrieved party. The complaint seeks reimbursement for the monetary loss suffered due to the conversion. 2. Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Injunctive Relief: In scenarios where the aggrieved party wants to prevent further harm or misuse of the personal property by the co-owner, this type of complaint can be filed. It requests the court to issue an injunction, prohibiting the co-owner from any further conversion or use of the property until the matter is resolved. 3. Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Specific Performance: If the personal property in question holds significant value or has a sentimental value to the aggrieved party, they may file this type of complaint. It seeks a specific performance from the co-owner to deliver or transfer the property back to its rightful owner. 4. Arizona Complaint for Conversion of Personal Property by Co-Owner and Request for Partition Sale: In cases where the personal property cannot be physically divided or its division is not practical, this type of complaint can be filed. The aggrieved party requests the court to order a partition sale, where the property is sold, and the proceeds are divided amongst the co-owners based on their ownership interest. It is important to consult with a legal professional or an attorney experienced in Arizona law to ensure the correct type of complaint is filed, tailored to the specific circumstances of the case.

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FAQ

To begin the Quiet Title process in Arizona, the property owner or their attorney must file a lawsuit in the county where the property is located. The lawsuit must name all parties who have an interest in the property such as previous owners, mortgage holders, and any other parties who may have a claim to the property.

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.

The party who wishes to initiate the action (the ?Plaintiff?) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

Answer: If you would like to force a judicial sale of the house, you can file a complaint in the superior court of the county in which the property is located. Arizona law provides a process in which an owner of property can request a division or sale of the property. This process is called a partition action.

Arizona Partition Actions File in superior court in the county in which the property is located; Identify the names and residences of each of the known owners, Identify everyone? s known ownership interests and claims; and. Include a description of the property, and it's estimated value.

12-1211 - Compelling partition; complaint. A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.

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