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Maine 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.

Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document filed to address disputes between co-owners over personal property and seek the division of such property based on their respective ownership claims. This complaint is applicable when one co-owner believes that the other co-owner has wrongfully taken possession of or converted personal property, or is not properly contributing to its maintenance or preservation. Keywords: Maine, Complaint for Conversion of Personal Property, Co-Owner, Request for Partition, personal property, disputes, division, ownership claims, wrongfully taken possession, converted, contribution, maintenance, preservation. Different types of Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition may include: 1. Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition — Real Estate: This type of complaint focuses specifically on disputes regarding personal property associated with real estate co-ownership, such as furniture, appliances, or fixtures. 2. Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition — Business Assets: This complaint is relevant when co-owners dispute the division or conversion of personal property associated with a jointly-owned business, including equipment, inventory, or intellectual property rights. 3. Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition — Financial Assets: This type of complaint addresses disputes related to the conversion or division of personal property involving financial assets, such as bank accounts, investments, or valuable securities held jointly by co-owners. 4. Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition — Estate and Inheritance: This complaint is applicable to cases where co-owners disagree on the distribution or conversion of personal property inherited from a deceased person or held within an estate, including heirlooms, artwork, or jewelry. 5. Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition — Personal Belongings: This type of complaint focuses on disputes regarding the division or conversion of personal property unrelated to any specific category, such as household items, collectibles, or personal possessions. It's important to consult with a legal professional or attorney to understand the specific requirements and procedures for filing a Maine Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, as it may vary depending on the jurisdiction and circumstances.

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

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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

Physical/Statutory Partition § 6501 is only appropriate in situations where the property at issue can be physically divided among co-owners. In order to initiate a statutory partition, a co-owner must commence the action in the Superior Court or District Court in the county for which the property is located.

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.

To prove slander of title a claimant must prove (1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.

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.

A partition action is a lawsuit that provides the remedy of dividing jointly owned real estate, either physically or by forced sale. Generally, a co-owner of real property is entitled to a partition by the court. There are two forms of partition actions in Maine, statutory partition and equitable partition.

A party claiming title by adverse possession has the burden of proving, by a preponderance of the evidence, that possession and use of the property was (1) actual; (2) open; (3) visible; (4) notorious; (5) hostile; (6) under a claim of right; (7) continuous; (8) exclusive; and (9) for a duration exceeding the twenty- ...

Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically passes on to the surviving joint tenant(s).

[t]he necessary elements to establish a claim for conversion are a showing that (1) the person claiming that his or her prope1iy was convetied has a propetiy interest in the property; (2) the person had the right to possession at the time of the alleged conversion; and (3) the pa1iy with the right to possession made a ...

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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 ... 1) Complete a Complaint for Recovery of Personal Property (Summary Process), (CV-183). Forms can be found on the Judicial Branch website here: http://www. ...1). Complete a Complaint for Recovery of Personal Property (Summary Process), (CV-183). Forms can be found on the Judicial Branch website here: http://www. 9 Jul 2020 — In order to initiate a statutory partition, a co-owner must commence the action in the Superior Court or District Court in the county for which ... Plaintiff has the burden to establish an ownership interest in the Center Street property, and the Court finds that he has not met his burden. Therefore, the ... If the property is both the surviving owner's and deceased joint owner's primary residence, the maximum exemption for debtors who are joint owners may not ... ... personal property, and the owner may remove them in a reasonable time thereafter. ... Upon request by a unit owner, the association shall disclose the name of ... 1 Oct 2016 — This ownership structure is highly insecure because it only takes one tenant in common to initiate a partition action and to request a court to ... Dumond appeals from a judgment of the Superior Court (Cumberland County, Brodrick, J.) in an action to partition real estate. The court granted plaintiff Laura ... As a result, the first thing you'll want to do is challenge the plaintiff's title interest claim.

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