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
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US-01705BG
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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
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 ...