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.
Tennessee Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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US-01705BG
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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.
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FAQ
Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other words, if two or more people own a piece of property together, they can seek a court order to divide that property into separate ownership shares.
The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.
Conversion is the wrongful act of dominion or control over the chattels (personal property) of another, in denial of the rightful owner's rights thereto. To prove conversion these elements must be present: The plaintiff must have greater right to the property than the defendant.
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.
Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.
Under this bill, in an action to partition real property, the court must determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this bill, unless all of the cotenants otherwise agree in a record.
Torts in Tennessee A ?tort? is any act that causes harm to someone's person, property or even reputation. In Tennessee law, one person (the plaintiff) can sue another person (the defendant) for committing a tort. Successful plaintiffs who win their tort case can receive compensation from the defendant.