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.
Virginia 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.
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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
Partition suits are frequently used as a method of settling the division of real estate among beneficiaries of an estate who cannot agree. One of the interested parties files a suit in the city or county where the property is located asking the Court to intervene.
If the parties cannot come to an amicable agreement, either party may file the formal partition action through the courts, which might include suing for full ownership. The court will review that partition action and hear arguments from both party's legal counsel regarding the final disposition of the property.
Who May Pursue a Partition Suit? Va. Code Ann. § 8.01-81 provides that ?[t]enants in common, joint tenants, executors with the power to sell, and coparceners of real property, shall be compellable to make partition and may compel partition.?
Each case comes with its own facts and circumstances that can make it difficult to predict how long it will take to reach a resolution in a partition action. Depending on the issues, a partition action can take years to resolve.
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
§ 8.01-93. Partition of goods, etc., by sale, if necessary. When an equal division of goods or chattels cannot be made in kind among those entitled, a court of equity may direct the sale of the same, and the distribution of the proceeds ing to the rights of the parties.
It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.