FAQ

Generally speaking the main remedy is for an order to have the property sold and the proceeds split between the co-owners. In some cases, where the property is large enough and local zoning permits it, the court can order the property to be partitioned into smaller parcels.

Where the co-owners are able to resolve their differences amicably, probably not. However, where the dispute is contentious, you will most likely need a lawyer as the process involved in commencing a petition, drafting the supporting affidavits and navigating through the court process can be challenging for a non-lawyer. However, in those cases, we can help.

Generally no. There are some special situations under the Act where this can happen, however.

While the outcome of a property partition may be dividing the proceeds of the sale of the house, you do not have a right to get the court to order the other side to sell the house into a trust.

It depends on the unique circumstances of your case. In some cases, for example, where a minority owner seeks to sell the property, some or all of the majority owners can prevent the sale by making an unqualified, unequivocal offer. The law on this issue is complicated and we recommend you talk to a lawyer in such cases.

It’s important to have everything figured out, and in writing, before you get involved in co-ownership. Having an agreement in place from the start helps to prevent conflict, such as dictating who has the right to use a recreational property and when.