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.
Kansas Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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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
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights.
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.
After the partition lawsuit is filed, the other owner or owners are required to file a formal response, or Answer. The formal answer is also subject to the requirements of the Code of Civil Procedure, and must contain a number of specific allegations in order to be legally valid.
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property.
There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as ?Partition in Kind,? a Partition by Physical Division requires the Court to divide the land by its proportional value.
Any person with an existing or future interest in the property may bring the action for partition. This includes existing co owners (joint tenants; tenants in common, etc.) as well as people with a future interest (remainder men to life estates.) However, lien holders do NOT have the right to partition.
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property.