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Oregon 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.


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.

Oregon Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document that is used when a co-owner is seeking to recover their portion of personal property held jointly with another co-owner. This complaint is often filed in cases where there are disputes over the division or ownership of personal property, such as vehicles, artwork, furniture, or other valuable items. The purpose of the complaint is to assert the co-owner's rights and claim their share of the personal property. It aims to rectify the alleged conversion of personal property and seeks the court's assistance in distributing the property equitably. In Oregon, there are two main types of Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, depending on the co-owners' specific situation and the desired outcome: 1. Complaint for Conversion of Personal Property by Co-Owner: This type of complaint is filed when one co-owner alleges that the other co-owner wrongfully converted or used their portion of the jointly owned personal property without permission or without sharing its benefits. The complaint seeks the return or compensation for the wrongfully converted personal property. 2. Complaint for Conversion of Personal Property by Co-Owner and Request for Partition: This type of complaint is filed when the co-owners cannot come to an agreement on how to divide the personal property, and one co-owner seeks the court's assistance in partitioning the property. The complaint requests the court to order a fair and equitable division of the personal property among the co-owners. In both types of complaints, the co-owner typically includes relevant details about the personal property involved, such as a description of the items, their value, and proof of ownership. The complaint also provides a factual narrative of the co-owners' relationship, the alleged conversion, and any attempts at resolving the matter outside of court. Some relevant keywords for this document might include: — Oregon Complaint for Conversion of Personal Property — Co-Owner Dispute over Personal Property — Request for Partition of Personal Property in Oregon — Joint Ownership DisputOregongo— - Legal Action for Dividing Personal Property — Oregon Co-Owner Rights and Claim— - Just Compensation for Conversion of Personal Property — Property Division LawsuiOregongo— - Equitable Distribution of Jointly Owned Property -Resolution of Co-Owner Disagreement in Oregon.

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

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FAQ

If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. This is called a "survivorship estate" in Oregon.

In the Erickson case, the Oregon Supreme Court found that the use of certain language ensured that unmarried people could create a right of survivorship despite the abolishment of joint tenancy estates by the General Laws of Oregon in 1862.

The marriage requirement is the primary distinction between TBE and joint tenancy. The people holding TBE must be married or, in some states, in a domestic partnership. Those holding a joint tenancy can be two or more people, related or not. In a TBE, both people have equal, 100% interest in the property.

Note that since we are not a community property state, in Oregon, married persons can hold title in their individual names, free and clear of any claim by their spouse.

Probate is required for most estates in Oregon, and the type of probate process depends largely on the value of the assets that are in your name when you pass away. If a will exists, the original will has to be filed with the probate court.

A partition action must be initiated with a verified complaint filed in the circuit court of the county where the land is located. 735 ILCS 5/17-101. The verified complaint needs to include a particular description of the premises sought to be divided.

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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 ... A tenant may file the action by filling out the attached Complaint and Summons forms and filing the complaint with the circuit court. At the time of filing ...If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in ... Your landlord claims that you have not kept that agreement. (A copy of the landlord's claim is attached.) Unless you can prove to the court why you should not ... Milling Co. v. Cunningham, (1917) 84 Or 319, 165 P 224. Complaint in tort for duress of *personal property stated facts sufficient to constitute a cause of ... Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. Name. Street Address. City and County. State and Zip ... 96.01 -- Right to Partition in General 96.02 -- Service of Process 96.03 -- Burdensome and Unprofitable Estates -- Sale 96.04 -- Parties 96.05 -- Petition ... The Kenneth Martins owned the Homeplace property on which farming operations were carried out. ... Leroy did not convert the property to personal use. He made the ... Sep 22, 2021 — If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, ... ... the unit owner's personal property for any loss or damage; and. (b) ... Any expenses incurred under this section shall be charged to the owner of the unit ...

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