Co-owners, whether siblings who inherited a house, former partners or business associates, sometimes cannot agree whether to keep or sell a property. Ontario's Partition Act lets a co-owner ask the court to divide the property or order it sold. We act for co-owners on both sides of these applications.
Common situations
Siblings or relatives who own a property together after an estate
Former partners who own a property together
Friends or investors who bought together and now disagree
One co-owner living in the property while the others contribute to the costs
How it works
A co-owner, whether a joint tenant or a tenant in common, can apply under the Partition Act for an order that the property be partitioned or sold. Physically dividing a house is rarely practical, so the usual result is a sale. Courts generally grant the order unless the owner opposing it shows conduct that is malicious, vexatious or oppressive.
After the sale, the court can direct an accounting between the owners. This can cover contributions to the purchase price, mortgage payments, property taxes and repairs, and in some cases occupation rent.
What happens next
Confirm how title is held, and whether there is any agreement between the owners.
Try to agree on a sale process, including the listing agent, the price and the timing.
If agreement is not possible, bring or respond to an application in the Superior Court of Justice.
Settle the accounting between the owners once the property is sold.
Questions we are often asked
Can I force a sale of a property I own with someone else?
Often, yes. A co-owner can apply to court for an order for partition or sale, and courts generally grant it unless the owner opposing the sale shows that the application is malicious, vexatious or oppressive. A written co-ownership agreement can change the analysis.
Can I sell my share without the other owner's consent?
A co-owner can generally sell an undivided interest, but few buyers want a share of a property they cannot control. An application for sale of the whole property is the more common route.
The other owner lives in the property and I do not. Does that matter?
It can. On the accounting after a sale, the court may consider who paid the mortgage, taxes and repairs, and in some cases whether the occupying owner should pay occupation rent.
Does this apply to a married couple's home?
Disputes between married spouses about a matrimonial home involve family law rules that are outside our practice. We can suggest where to look for family law advice.
General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.
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