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
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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
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.