California 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

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