What happens if one person wants to sell your house and the other doesn t?

If you want to sell the house and your co-owner doesn’t, you can sell your share. Your co-owner probably won’t like this option, however, unless they know and feel comfortable with their new co-owner. Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.

Can you force someone to sell their half of a house?

You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. This is called a partition action. The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling.

How do you force the sale of a jointly owned property in Canada?

In Ontario, the Partition and Sale Act gives the Court the power to order the sale of a jointly owned property when one of the joint tenants wants to sell it. The other joint tenant has a corresponding obligation to permit the sale. These are considered fundamental rights of joint tenancy.

How do you beat a partition action?

Here are some of the most common ways to win a partition suit:

1. Getting bought out at a fair price.
2. The property being sold on the open market.
3. Getting a co-owner to move out of the property so it can be rented.
4. Getting reimbursed for the funds you put into the property.

How do you force the sale of a jointly owned property in Alberta?

When two or more parties co-own a property, one party may wish to sell the property. This often applies to residential properties; however, it applies to most real estate. If the other owner(s) refuse to agree to the sale, a party may apply to the courts for the forced sale of jointly owned property.

Can you force a sale of jointly owned property NZ?

When two people own a home together, one cannot insist on the sale if the other does not want to, unless they have a court order. Unfortunately, it can be expensive to go to court and take months to get a result.

Can the court make me sell my house?

And the short answer is, “Yes.” The court can force you to sell your home because they have the authority to transfer property from one spouse to another or to order property sold pursuant to a dissolution of marriage.

How expensive is a partition lawsuit?

Attorneys’ fees in a partition lawsuit commonly range from around $20,000 to $100,000 or more, and the lawsuit itself can take over a year or two to complete. Costs of partition, which include attorney fees, are generally distributed and paid according to each party’s interest in the property.

How do you sell a house if one partner refuses in Ontario?

Neither you nor your spouse can sublet, rent, sell or mortgage the home without the other’s permission. The decision to sell your home has to be made jointly, however, if your spouse does not cooperate, you may have to initiate an application with the court for the sale of the matrimonial home.

Can a joint owner force the sale of a jointly owned property?

Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property. However, the legal proceedings to obtain the order for sale can be quite expensive, which is why most joint owners firstly seek mediation with family law before making applications to courts.

Can a partition lawsuit force a jointly owned property to sell?

When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed.

How do I Sell my House if I am joint owner?

All that’s required is a simple application to court. In those circumstances you can ask the court to give you control of the sale of the property. You can also ask the court to sign any documents necessary to sell the house if the other joint owner refuses. In a straightforward case like this you could have an order for sale within a few months.

Can I force the other owners of my property to sell?

Also, you can’t simply force the other owners in your property to sell it entirely without first filing a partition lawsuit. In some cases, it’s more expensive to go through a court-ordered partition and sale of real property than that property is worth.

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