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.
Washington 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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How to fill out Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition?
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FAQ
The minority owner CAN force a sale against the will of the majority owners. The law allows any co-owner to facture the joint ownership via a partition action. Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.
A partition action in the State of Washington is a type of real estate lawsuit filed in the Superior Court of the county where the disputed property is located where two or more co-owners of real estate cannot agree as to whether to sell the property or not.
What is Replevin? Replevin is a legal process used to return specific items to the rightful owner. A judge can decide who the rightful owner is, and then issue an order (sometimes called a writ of replevin) that allows the sheriff to go to the place where the items are and take the items.
Land may also be partitioned into unequal parts due to the relative ownership shares of each joint owner. For example, if Party A has a 25 percent stake in the land and Party B has a 75 percent stake, Party A will receive a proportionally smaller or less valuable portion of the land than Party B.
What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.