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.
New Jersey Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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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.
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FAQ
Thirty-Five (35) Days to Answer Where there are no preliminary motions, defendants must serve an answer within thirty-five (35) days after service of the summons and complaint. N.J.R.
The remedy of partition requires the filing of a lawsuit in the Superior Court of New Jersey, usually filed in the County where the property is located. While it the Court is empowered to physically divided properties and distribute among the co-owners, this is uncommon and generally applies only to vacant land.
You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.
Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation.
STEP 1: Fill out the Complaint (Form A) ... STEP 2: Fill out the Civil Case Information Statement (CIS) ... STEP 3: Make a check or money order payable to Treasurer, State of New Jersey in the. STEP 4: Check your completed forms and make copies. ... STEP 5: Mail or deliver the forms to the court.
Defendant(s) must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. After the complaint is served and an answer is filed, the discovery period begins.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.