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.
Hawaii 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.
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How to fill out Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition?
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FAQ
HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
Service of all process shall be made by the anywhere in the State by the sheriff..., by the chief of police..., by some other person specifically appointed by court for that purpose, or by any other person who is not a party and is not less than 18 years of age.
If you are a part owner of Hawaii real estate, and there is no written agreement prohibiting you from filing a Hawaii partition action, as discussed in another article, you are able to file a partition lawsuit in Hawaii Circuit Court requesting that the property be divided up (partition in kind), or more likely sold ( ...
Pursuant to §668 of Title 36 of the Hawaii Code, a co-owner may file a partition action with the circuit court in the county where the property is located. Both joint tenants and tenants in common have the right to pursue partition, which essentially terminates the co-owner relationship.
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
An action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the return date as provided in Rule 12(a) or service by the adverse party of an answer or of a motion for summary judgment, or (ii) by filing a stipulation of dismissal signed by all parties who ...
The summons shall (1) be signed by the clerk, under the seal of the court, (2) contain the name of the court, the names of the parties, and the date when issued, (3) be directed to the defendant, (4) state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, (5) state the time ...