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.
Virgin Islands 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.
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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
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.
Conversion, under California law, is defined as: intentional interference with the property of another with the intent to deprive the owner of the property.
The basic rule is: If you need to convert from a larger unit to a smaller unit, multiply. If you need to convert from a smaller unit to a larger unit, divide. You will make the number smaller and, as you already know, division is all about making numbers smaller.
To establish a claim for conversion, the plaintiff must prove all of the following: (1) that plaintiff owned, possessed or had a right to possess the property, (2) that defendant intentionally and substantially interfered with plaintiff's property by taking possession of the property, preventing plaintiff from having ...
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.