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Complaint for Conversion of Personal Property by Co-Owner and Request...

Oakland Michigan Complaint for Conversion of Personal Property by Co-Owner and Request for Partition

Name: Oakland Michigan Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
Brand: US Legal Forms
Rating: 4.87 (476 reviews)

Category:

Civil Actions - Conversion

State:

Multi-State

County:

Oakland

Control #:

US-01705BG

Format:

Instant download

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.

Oakland Michigan Complaint for Conversion of Personal Property by Co-Owner and Request for Partition is a legal document used in Oakland County, Michigan, to address disputes between co-owners of property and the conversion of personal property. The complaint aims to seek compensation for the wrongful taking, withholding, or disposal of personal property by one co-owner without the consent or authority of the other co-owner. Additionally, it requests a partition of the shared property to resolve the ownership disagreement. Keywords: Oakland Michigan, complaint for conversion of personal property, co-owner, request for partition, legal document, Oakland County, disputes, compensation, wrongful taking, withholding, disposal, consent, authority, ownership disagreement, shared property. There are no specific types of Complaint for Conversion of Personal Property by Co-Owner and Request for Partition mentioned in the prompt. However, it is worth mentioning that the complaint might vary in details depending on the specific circumstances of the case, such as the type of property involved, the value of the personal property, the nature of the conversion, and the desired outcome.

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How to fill out Oakland Michigan Complaint For Conversion Of Personal Property By Co-Owner And Request For Partition?

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FAQ

A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.

If the other co-owners are unwilling to sell or buy out your interest in a property for a price acceptable to you, forcing the sale of jointly owned property through a type of lawsuit known as a partition action is a viable option.

After seeking and hiring a partition attorney, the counsel then files a complaint via a petition for partition action in the county where the property is located. Once the complaint is filed, a notice of pendency of action (lis pendens) is recorded with the County Recorders Office.

You may have no other choice but to go to court to force a sale. The proceeds of the house sale may go toward paying your mortgage off and you can walk away. However, if you transfer ownership in another way, you'll need to ensure that the remaining co-owners are willing and are able to refinance the loan without you.

The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.

All who have direct lineal descendent of common ancestors up to 3 degrees, to the common male ancestor constitutes coparcenary. And all such persons or members of the joint family are entitled to share ancestral property. Where coparcenary consists of a father and his sons, he has a right to bring about partition.

In a request for partition of the property, a tenant in common (or a joint tenant) asks the court to divide the property into distinct and separately-owned sections. Sometimes the property is divided through a "partition by sale" and the proceeds of the sale are distributed to the co-tenants.

Joint ownership comes in three forms: with rights of survivorship, as community property, and as tenants in common.

The partition deed legally divides the property among the co-owners. Each person becomes the primary owner of their allotted portion in the property. Each part of the property divided, gets a new title and each sharer gives up his/her interest in the property in interest of the other sharers.

He bequeaths the house to his wife, who would have a lifetime interest in it, and thereafter, it would be inherited by his children. The first floor would be divided into two portions. While one half would go to one daughter, the other half would go to the other daughter. The second floor would be inherited by his son.

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Oakland Michigan Complaint for Conversion of Personal Property by Co-Owner and Request for Partition

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