Missouri 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

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.

96.01. Owners of interests in land in joint tenancy or tenancy in common, including estates in fee, for life, or for years, may bring an action for partition, if the same can be done without great prejudice to the parties in interest, and, if not, then for a sale of the property, and a division of the proceeds thereof.

Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law. Missouri courts have described material facts as those that have legal probative force as to a controlling issue.

Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.

The Partition Action Owners of real estate in Missouri can bring a partition action to resolve such disputes. The law prefers to physically divide the property ?in kind?. A court may instead order a sale of the property and divide the proceeds among the owners if a division in kind is not possible.

A subpoena issued in a Missouri civil case to appear for a deposition must give the witness seven days notice and if the subpoena is requiring production of documents, at least ten days must be given to produce the documents.

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

A partition lawsuit seeks to physically divide land among its owners, or to sell such land at public auction and divide the proceeds among the parties, if the land cannot be physically divided. Only owners holding the land as joint tenants, tenants in common, or by an estate for life or years may partition land.

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