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

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Multi-State
Control #:
US-01705BG
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Word; 
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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.


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.

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Examples of conversion in a Sentence The company is undergoing a conversion to a new computer system. They have suggested conversion of the old school into apartments. Conversion to gas heating will continue over the next few years. a conversion from Catholicism to Judaism He is thinking about conversion to Buddhism.

An action for conversion may be maintained by persons having the immediate right of possession of the article converted. In order for a plaintiff to recover in a suit for conversion, it is necessary that the plaintiff establish a right to the property and what is converted.

Conversion: Holding or using of property in a way that is adverse to the true owner of the property. Embezzlement is the fraudulent conversion of the property of another by one who already has possession of it. "Conversion" is an act of interference with the owner's rights to the property.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

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