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.
Ohio Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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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.
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FAQ
In Ohio, a defendant must respond within 28 days after being served the summons and complaint or after completion of service by publi- cation (Ohio Civ. R. Rule 12).
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.
Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.
To prove conversion, these elements must be present: The plaintiff must have greater right to the property than the defendant. A wrongful taking by the defendant without consent of the plaintiff. Possession by the defendant which is inconsistent with the plaintiff's rights.
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion. The element of knowledge is found when the accused person engages in the conduct and he/she is aware of a high probability that he/she is doing so.