Illinois 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

Conversion is charged when a person is accused of knowingly or intentionally exerting unauthorized control over property of another person. This crime differs from theft because there is no element of intending to deprive the other person of the value or use of the property.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

Under Illinois law, a cause of action for conversion requires proof of the following elements: "(1) a right in the properly; (2) the right to immediate, absolute, and unconditional Possession of the property; (3) defendant's unauthorized and wrongful assumption of control, dominion, or ownership over the property; and ...

It can be an intentional exercise of control over the other person's money or assets which may interfere with their right to power it and use what they want for themselves. In terms of a lawsuit, conversion is considered to be an offense.

Under Illinois law, a cause of action for conversion requires proof of the following elements: "(1) a right in the properly; (2) the right to immediate, absolute, and unconditional Possession of the property; (3) defendant's unauthorized and wrongful assumption of control, dominion, or ownership over the property; and ...

This can include personal property, such as cars, as well as houses and pieces of land. For example, if a person decides to squat at a vacant home that is owned by someone else, they may be accused of taking temporary control.

No matter what form it takes, conversion therapy is illegal. The law considers that these practices seriously harm a person's dignity and well-being. It doesn't matter if they're offered for free, or if the victim chooses to go through them voluntarily.

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