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

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Multi-State
Control #:
US-01705BG
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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 Dakota Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document used to address disputes regarding the improper handling or misappropriation of personal property by a co-owner in North Dakota. This complaint allows an aggrieved co-owner to seek resolution and request partition of the property. Keywords: North Dakota, Complaint, Conversion, Personal Property, Co-Owner, Request, Partition. Types of North Dakota Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: 1. Individual Co-Owner Complaint: This type of complaint is filed by an individual co-owner who believes their personal property rights have been violated by another co-owner. 2. Joint Co-Owner Complaint: This complaint is filed jointly by multiple co-owners who have endured conversion of personal property and wish to seek resolution and partition together. 3. Real Estate Co-Owner Complaint: If the dispute arises from personal property related to real estate co-ownership, this type of complaint can be filed. 4. Business Partnership Co-Owner Complaint: In cases of personal property conversion within a business partnership, this complaint can be utilized to protect the co-owners' interests. 5. Residential Co-Owner Complaint: This complaint type is specific to disputes among co-owners of residential properties, aiming to address personal property conversion and request partition. In the North Dakota Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, the complainant is required to provide specific details related to the personal property, the alleged conversion, the extent of the damages or loss suffered, and the relief sought. The complaint must be filed in the appropriate North Dakota court, following all necessary legal procedures and requirements. Ultimately, this legal document provides a means for co-owners in North Dakota to protect their personal property rights, seek compensation for any conversion, and request a partition to resolve disputes effectively and fairly.

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FAQ

In North Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.

?The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation. ' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.? 597 Eminent domain ?appertains to every independent government.

Eminent domain is the right to take private property for public use. 2. Private property may not be taken or damaged for public use without just compensation first having been made to or paid into court for the owner.

There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.

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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 ... Apr 11, 2023 — Talkov Law's partition attorneys have drafted this buyout/demand letter to help urge your co-owner to sell your jointly owned property.If you'd like assistance creating your complaint or other legal documents, consult a lawyer licensed to practice in North Dakota. Ask the lawyer about Limited ... Jan 1, 2001 — FORM 10. COMPLAINT FOR CONVERSION. Effective Date: 1/1/2001. 1. On or about December 1, 1953, defendant converted to his own use ten bonds ... The summons must be directed to all the joint tenants and tenants in common and all persons having an interest in or any lien of record by mortgage, judgment, ... Conversion relates to tort law wherein a property owner generally seeks compensation from someone whose has taken (stolen), used, or is controlling the property ... Apr 14, 2022 — The complaint must identify the property to be divided and all the title owners to the property. The plaintiff can ask for several remedies ... Jun 15, 1985 — The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which ... 21-3-4 Lien holder's damages for conversion of personal property. 21-3-5 General measure of damages for wrongful occupation of real property. 21-3-6 Treble ... Jun 30, 2005 — Alfred Wittinger appealed from a judgment ordering a partition sale of farmland and awarding compensatory damages to Donald and Kenneth ...

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