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Hawaii 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.

Hawaii is a state in the United States known for its picturesque landscapes, beautiful beaches, and vibrant culture. It is a popular tourist destination and a place where many people choose to establish their homes. A complaint for conversion of personal property by a co-owner and request for partition is a legal document filed in Hawaii when one co-owner believes that another co-owner is wrongfully controlling or possessing personal property that they believe they have a shared ownership interest in. This complaint seeks to assert the rights of the aggrieved co-owner and request either the return of their share of the personal property or the partitioning of the property between the co-owners. In Hawaii, there are several types of complaints for conversion of personal property by a co-owner and request for partition, including: 1. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition of Real Estate: This type of complaint is filed when the disputed personal property is part of a larger real estate property such as a shared home, land, or commercial building. 2. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition of Personal Assets: This type of complaint is filed when the disputed personal property consists of movable assets like vehicles, furniture, electronics, or other personal items. 3. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition of Business Assets: In situations where the co-owners have jointly invested in a business, this type of complaint focuses on seeking the return or division of business assets that one co-owner has allegedly converted for their own benefit. 4. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition of Financial Accounts: If the disputed personal property involves joint bank accounts, investment portfolios, or other financial assets, this type of complaint is utilized to request the separation or appropriate distribution of such assets. Regardless of the specific type, a Hawaii complaint for conversion of personal property by a co-owner and request for partition provides a legal avenue for resolving disputes among co-owners and enforcing their individual rights to personal property. It is important to consult with a qualified attorney to navigate the legal complexities involved in such cases and ensure the best possible outcome.

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  • Preview Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
  • Preview 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 ...

Hawaii Complaint for Conversion of Personal Property by Co-Owner and Request for Partition Related Searches

  • hawaii rules of civil procedure
  • hawaii partition statute
  • hawaii rules of civil procedure rule 26
  • hawaii rules of professional conduct
  • hawaii rules of civil procedure rule 34
  • hawaii rules of civil procedure 2023
  • hawai'i rules of appellate procedure
  • hawaii service of process rules
  • hawaii rules of evidence

More info

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 ... 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 ...Rule 12. DEFENSES AND OBJECTIONS -- WHEN AND HOW PRESENTED -- BY. PLEADING OR MOTION -- MOTION FOR JUDGMENT ON THE. PLEADINGS. (a) When presented. Plaintiff asks for a Judgment and Writ of Replevin awarding possession of the personal property described below, or, in the alternative, for a Judgment in the ... If an owner pays the full amount claimed by the association, the owner may file a claim in Small Claims Court or ... You may file a written request with the board ... Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. Name. Street Address. City and County. State and Zip ... If the Court determines the real property satisfies those requirements then it is deemed to be “Heirs property”. the property shall be subject to an action for partition by any unit owner or lienor as if owned in common, in which event the sale of the property shall be ... by MM Hermann · Cited by 11 — Being a valid contract, it has this remarkable effect, that it converts the estate, so to say, in equity; it makes the purchase-money a part of the personal ... Nov 1, 2022 — A quiet title and partition lawsuit starts when a landowner or co-owner files a complaint in the circuit court where the property is located.

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