Michigan 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 an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.

Penalties for larceny by conversion are graduated based on the value of the stolen property. If the value of the property was less than $200, you're guilty of a misdemeanor punishable by up to 93 days in jail and a fine of up to $500 or 3 times the value of the stolen property, whichever is greater.

In personal injury law, this intentional tort is the civil law equivalent of a criminal theft charge. Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your private property.

As a common law tort, conversion consists of ?any distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein.?1 Although the tortfeasor's act of dominion ?must be willful,...

Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.

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