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
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Multi-State
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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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How to fill out 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.