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ARTICLE · 02 OCTOBER 2020

Can I Force My Co-owner To Sell Property? – Partition Act Basics

Many people own land. It can be a place to live, or an investment, or both. Land can also be owned by more than one person.

CanadaReal Estate and Construction

Many people own land. It can be a place to live, or an investment, or both. Land can also be owned by more than one person.

There are two general ways in which land can be co-owned; as joint tenants or tenants in common.

  1. Joints tenants each own 100% of the land together in undivided shares. For instance, a husband and wife often own their family home as joint tenants, which is to say, they together own the entire property.
  2. In contrast, tenants in common own 100% of the land, but in divided shares. For example, three people may own a commercial property in equal shares of 1/3 each. Each owner's 1/3 share is listed on title to the property.

Sometimes co-owners of land get into disagreements about how a property should be administered or whether to retain or sell the land. It is not uncommon that one co-owner of a property wishes to sell it and the other co-owner does not.

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