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

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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.

Missouri Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document utilized in cases involving disputes over the ownership and distribution of personal property between co-owners. This complaint seeks to address the conversion of personal property, which refers to the act of wrongfully assuming ownership or exerting control over property that rightfully belongs to another co-owner. In a Missouri Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, the co-owner who files the complaint, known as the plaintiff, alleges that their co-owner, referred to as the defendant, has wrongfully converted personal property and seeks legal remedies and a fair division of the property. This type of complaint may arise in various contexts, such as joint ownership of vehicles, furniture, electronic devices, or other personal belongings. Key elements of the Missouri Complaint for Conversion of Personal Property by Co-Owner and Request for Partition may include: 1. Identification of Parties: The complaint will identify the plaintiff and defendant by their full names and addresses. It may also mention their relationship as co-owners of the disputed personal property. 2. Description of Personal Property: The complaint will provide a detailed description of the personal property that is subject to the dispute. This includes itemizing each piece of property, including make, model, serial number, or any other relevant unique identifiers. 3. Allegations of Conversion: The plaintiff will provide a narrative detailing how the defendant wrongfully obtained, retained, or disposed of the personal property without their permission or rightful consent. This section will highlight the conversion aspect of the claim. 4. Ownership Rights: The plaintiff will outline their ownership rights over the personal property and assert that they have a legal right to its possession and control. 5. Request for Partition: In addition to seeking compensation for the converted property, the plaintiff may request a partition. A partition is a judicial process that divides co-owned property between the parties in a fair and equitable manner. This request aims to ensure that each co-owner receives their rightful share or a monetary equivalent. Types of Missouri Complaint for Conversion of Personal Property by Co-Owner and Request for Partition may vary depending on the nature of the personal property and the specific circumstances of the case. For instance, there might be different complaints addressing the conversion and partition of a jointly owned vehicle, real estate, or other types of personal possessions. It is worth noting that the Missouri Complaint for Conversion of Personal Property by Co-Owner and Request for Partition should be prepared or reviewed by a qualified attorney to ensure compliance with Missouri state laws and to navigate the complexity of legal proceedings. Consulting legal counsel will help ensure the strongest possible case and increase the chances of a favorable outcome in court.

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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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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 ... 96.01 -- Right to Partition in General 96.02 -- Service of Process 96.03 -- Burdensome and Unprofitable Estates -- Sale 96.04 -- Parties 96.05 -- Petition ...Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. Name. Street Address. City and County. State and Zip ... Rule 96.32 - Partition of Personal Property. Owners of interests in personal property in joint tenancy or tenancy in common, including estates in fee, for ... Sep 22, 2021 — If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, ... by LA Moye IV · 2010 · Cited by 7 — ' Each new owner has an undivided property interest, and thus the right to possess and use the entirety of the property as long as they do not exclude the other ... May 11, 2016 — §]516.120, all actions upon contracts, obligations or liabilities, including actions for conversion, must be brought within a five-year statute ... Feb 10, 2022 — Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state ... • Not state owned properties. LSA C.C. 3494(5). 3 years. Private property damaged for public purposes,. Action for damages. LSA R.S. 9:5624. 2 years after ... In addition, the assessor is expected to have a thorough knowledge of mass appraisal principles which are discussed in textbooks such as Property Assessment ...

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