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North Carolina 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; 
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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.

North Carolina Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document filed by a co-owner seeking compensation for the conversion of personal property and requesting for the division or sale of the property. In North Carolina, there are two types of Complaints for Conversion of Personal Property by Co-Owner and Request for Partition: 1. Complaint for Conversion of Personal Property by Co-Owner: This complaint is filed when one co-owner accuses another co-owner of wrongfully converting personal property owned jointly by both parties. Conversion refers to the act of wrongfully depriving a person of their possession or right to their property. This type of complaint seeks compensation for the value of the converted property. Keywords: North Carolina, complaint, conversion, personal property, co-owner, wrongfully, joint ownership, compensation, converted property. 2. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This complaint is filed when one co-owner accuses another co-owner of wrongfully converting personal property and also requests the court to order the division or sale of the property. In addition to seeking compensation for the converted property, this type of complaint aims to dissolve the co-ownership and have the property divided or sold. Keywords: North Carolina, complaint, conversion, personal property, co-owner, wrongfully, joint ownership, compensation, converted property, request for partition, division, sale, dissolve co-ownership. In both types of complaints, the co-owner filing the complaint must provide a detailed description of the converted property, its value, and evidence of the conversion. They should also outline their request for compensation or division of the property, and any other relevant details such as the history of ownership or previous attempts to resolve the issue amicably. It is important to consult with a legal professional for accurate guidance and to ensure compliance with North Carolina's laws and procedures when filing a Complaint for Conversion of Personal Property by Co-Owner and Request for Partition.

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How to fill out North Carolina Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition?

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FAQ

To prevail on a conversion claim, you need to establish two elements: (1) that you are the proper owner of the property and. (2) that the property is or has been wrongfully possessed and converted by the defendant.

North Carolina's statutory conversion procedure can achieve either goal?either changing an LLC's entity type or changing its legal home state (i.e., its state of formation or domicile).

For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.

Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.

You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

To prevail on a conversion claim, you need to establish two elements: (1) that you are the proper owner of the property and. (2) that the property is or has been wrongfully possessed and converted by the defendant.

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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 ... The plaintiff need not prove that the defendant had a wrongful intent. Good faith, honest intentions and innocence are not defenses. (Use Where Converted ...Mar 13, 2019 — Under North Carolina law, "a conversion claim essentially requires two elements: 'ownership in the plaintiff and wrongful possession or ... One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. The court can then give each party ... by LA Moye IV · 2010 · Cited by 7 — North Carolina courts should ask an important question: is one co ... No longer should partition in North Carolina be all about the money; property owners deserve ... PART I. RECODIFY AND MODERNIZE PARTITION OF PROPERTY STATUTES. SECTION 1.(a) The General Statutes are amended by adding a new Chapter 46A to. When a co-owner refuses to buy you out or sell, you can have the Court split or force a sale of the property. Lawsuit to force sale or split of land. North Carolina General Statutes require that you give notice to the defendant about the filing of your claim. This is known as "Service of Process." The correct ... § 47A-2. Declaration creating unit ownership; recordation. Unit ownership may be created by an owner or the co-owners of a building by an express declaration of ... Apr 6, 2022 — A lawsuit to claim (quiet) title to an item of personal property is allowed by declaratory judgement action in county superior court. Transfer ...

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