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.
Oklahoma Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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US-01705BG
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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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How to fill out Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition?
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FAQ
The letter explains that you have the right to force a sale via partition action, citing to the relevant law. The letter ends by attempting to persuade your co-owners that voluntary sale or a voluntary buyout would be better than a forced sale.
If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.
Joint tenancies can be severed by a conveyance of one of the joint tenants to a third party, bankruptcy proceedings, actions of creditors or other means.
Oklahoma court judges generally have two options when hearing a partition lawsuit; the court must physically divide the property and give each co-owner a piece of the property in proportion to their ownership interest, or, if physical division is impossible, the court must order a sale of the property and divide the ...
Answer to a Partition Action Complaint in California An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.
A partition action forces the sale of jointly owned property and divides the sale proceeds. Less commonly, a partition divides the property itself, such that each co-owner receives a fractional piece. This often results from inherited property, divorced spouses, or former business partners.
This type of ownership creates a right of survivorship, which means that when one owner dies, the other owners absorb the deceased owner's interest. For example, if A and B own a house as joint tenants, both have undivided ownership of the property, and the full right to occupy and use all of it.
The party who wishes to initiate the action (the ?Plaintiff?) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.