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ARTICLE · 16 NOVEMBER 2023

What Should You Do When A Co-Owner Doesn't Want To Sell?

If you partly own property, but your co-owner does not want to sell (or develop, or mortgage, etc.), don't worry, you have options.

CanadaReal Estate and Construction

If you partly own property, but your co-owner does not want to sell (or develop, or mortgage, etc.), don't worry, you have options.

Sometimes we make a foolish investment; sometimes we split up with our partners; sometimes we fight with our family members. Sometimes we just aren't in agreement about what to do next.

If you are a registered owner and you feel stuck, the answer is simple: bring an application for partition or sale under the Partition Act, RSO 1990 c P4.

The Partition Act

Under the Partition Act, any co-owner, whether by joint tenancy or tenants in common, seeking to force the sale or division of land they own with others can bring an application for a partition or sale of the land. This would allow a joint-owner of a property whose co-owner does not want to sell to seek an order that their property be sold or divided. Any person with an interest in land in Ontario may make an application for partition under the Partition Act. This includes

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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