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

Category:
Civil Actions - Conversion
State:
Multi-State
Control #:
US-01705BG
Format:
Word; 
Rich Text
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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.

The California Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document used in California to address disputes between co-owners of personal property. This complaint seeks to assert one co-owner's right to ownership or possession of the property and request its partition to resolve the conflict. Keywords: California, complaint, conversion, personal property, co-owner, request for partition Different types of California Complaint for Conversion of Personal Property by Co-Owner and Request for Partition may include: 1. Residential Property Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This type of complaint is used when co-owners of a residential property, such as a house or condominium, have disputes over personal belongings within the property. 2. Commercial Property Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This type of complaint is applicable when co-owners of a commercial property, like a store or office space, are engaged in a disagreement regarding personal property kept within the premises. 3. Joint Bank Account Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This complaint is utilized when co-owners of a joint bank account have disputes over the division or ownership of funds or other valuable assets held in the account. 4. Vehicle Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: In a situation where co-owners of a vehicle, such as a car or motorcycle, are unable to agree on the division or ownership of personal property stored inside the vehicle, this specific complaint can be filed. 5. Storage Unit Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This type of complaint applies to co-owners of a storage unit who are in disagreement over personal property stored within the unit and need a legal resolution for division or ownership rights. It is important to note that the specific type or category of the complaint will depend on the nature of the co-ownership and the personal property involved.

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FAQ

The partition action may be initiated and maintained by any of the co-owners of a piece of real property. Codified in the California Code of Civil Procedure under C.C.P. 872.210, a partition action does not create a new title in real property. Instead, it is a way to divide real property between the joint owners.

What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.

There are reasons to verify complaints even when verification is not required by statute: If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.

Answer to a Partition Action Complaint in California An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

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.

Partition action is the legal process by which a court is called upon to divide (or part) the equitable interest in real property amongst co-owners who can't unanimously decide on what to do with the asset.

A partition action is a cause of action that falls under real estate litigation. A partition cause of action divides a property Such action is brought when a co-owner of a property wants to sell a property but the other co-owners refuse. Partition actions are governed by California Code of Civil Procedure §872.210.

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Sep 10, 2020 — Below is a form complaint for partition in California that is intended to be used in consultation with a real estate attorney. Note that co- ... 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 ...How to fill out Los Angeles California Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition? A document routine always goes ... Apr 11, 2023 — Talkov Law's partition attorneys have drafted this buyout/demand letter to help urge your co-owner to sell your jointly owned property. Use the samples to help you complete the packet of blank forms. 2. This case is is not complex under rule 3.400 of the California Rules of Court. This guide includes steps and forms required to file a civil lawsuit in Sacramento Superior Court. A lawsuit is started by filing either a Complaint or in a ... File this cover sheet in addition to any cover sheet required by local court rule. ○. If this case is complex under rule 3.400 et seq. of the ... Consult the rules and caselaw that govern in the court where you are filing the pleading. Examples Only. The forms do not try to address or cover all the ... To resolve such claims, the best practice is to plead them as separate causes of action in addition to the partition claim. The Parties. The parties to a ... Include in your report: Details about the original use of the building; Details about the new use of the building. Report past illegal conversion of a ...

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