Pennsylvania 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.

Pennsylvania Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document that allows a co-owner of personal property to file a lawsuit against another co-owner for allegedly converting or wrongfully withholding their share of the property. The complaint also seeks an order from the court for the partition of the property. In Pennsylvania, there are different types of Complaint for Conversion of Personal Property by Co-Owner and Request for Partition that can be filed depending on the circumstances. Some commonly used variations include: 1. Complaint for Conversion of Personal Property: This type of complaint is used when a co-owner believes that another co-owner has wrongfully converted their share of the personal property. Conversion refers to the act of taking someone's property without their consent and using it for one's own benefit. 2. Complaint for Wrongful Withholding of Personal Property: This complaint is filed when a co-owner accuses another co-owner of wrongfully withholding their share of the personal property. Wrongful withholding occurs when a co-owner refuses to allow another co-owner to access or possess their rightful portion of the property. 3. Complaint for Conversion and Partition of Personal Property: If a co-owner alleges both conversion and wrongful withholding of personal property, they can file a Complaint for Conversion and Partition. This type of complaint seeks compensation for the converted property and requests the court to order the partition of the remaining property among the co-owners. 4. Complaint for Damages and Partition of Personal Property: In certain situations, a co-owner may wish to seek both compensation for damages caused by the conversion of personal property and the partition of the remaining property. This complaint allows the co-owner to pursue both remedies simultaneously. When filing a Pennsylvania Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, it is crucial to provide a detailed description of the property in question, the alleged conversion or withholding, and any relevant evidence such as ownership documents, previous agreements, or communication between the co-owners. Keywords: Pennsylvania, Complaint, Conversion, Personal Property, Co-Owner, Request for Partition, Wrongful Withholding, Damages, Lawsuit.

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For example, pursuant to New York law, a claim for conversion/trespass to chattels is subject to a three-year statute of limitations, whereas in Pennsylvania and Kansas it is two years. However, there are certain limitations or special provisions available to the statute of limitations. Pursuant to 28 U.S.C.A.

Pennsylvania law defines conversion as ?the deprivation of another's right of property in, or use or possession of, a chattel, without the owner's consent and without lawful justification.? Paves v. Corson, 765 A. 2d 1128, 1134 (Pa. Super.

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.

Damages Available: A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

The general rule is that there is no conversion until some act is done which is a denial or violation of the plaintiff's dominion over or rights in the property. To constitute a conversion of a chattel, there must be an unauthorized assumption of the right to possession or ownership.

To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.

Partition of Real Estate in Pennsylvania: When Property Owners Can't Agree. When co-owners of real property in Pennsylvania cannot agree on the management or sale of the property, Pennsylvania law gives any owner the right to request a ?partition? of the property.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property.

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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 ... The Complaint will set forth the property description, the names and addresses of the co-owners, and their interest in the property.The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property. --No claimant shall have any claim against personal property distributed by a personal ... a copy of the petition on the most public part of the property; and. Consult the rules and caselaw that govern in the court where you are filing the pleading. Examples Only. The forms do not try to address or cover all the ... by RR Foulke · 1910 — EQUITABLE CONVERSION IN PENNSYLVANIA. Conversion is the turning of one thing into another, and the case which is the subject of this article is the turning ... by PH Jenkins · 1975 — Partition at will of real or personal property is a simple method of severing the interests of joint tenants. It commonly results in a. b. Check the box for “Complaint” in the first part of Section A, under “Commencement of Action”. c. Write your name where it says “Lead Plaintiff's Name”. (a) General rule.--A unit owner in good standing may file a complaint with the Bureau of ... (ii) Personal property not owned by the association but provided by ... A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate ...

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