Residential Partition and Sale Disputes in Ontario

Are you unable to move forward because a former spouse or partner refuses to sell a jointly owned home? Have you inherited a property with relatives who cannot agree on whether it should be kept, sold, or bought out? Or are you in a dispute with a co-owner of a home, cottage, or investment property over its sale, occupation, expenses, or the division of its value? When co-owners reach an impasse, a partition action may provide a way to bring the co-ownership to an end.

Your right to a partition action, and what may affect it

A co-owner will generally have a strong right to seek the partition or sale of jointly owned property, but that right may be affected by the form of ownership, the parties’ agreements and respective interests, competing claims, and the particular history of the property.

What a partition and sale dispute may also involve

The dispute may also involve:

occupation rent
mortgage and maintenance payments
contributions to repairs or improvements
the timing and method of sale
the distribution of sale proceeds

What is at stake

With a significant financial asset at stake, delay or an unfavourable resolution can have serious and lasting consequences.

How Zel Law can help

If you are considering seeking a sale, responding to another co-owner’s demand, or trying to negotiate a co-owner buyout, speaking with a litigation lawyer early can help you understand your position and available options. Zel Law’s litigation lawyer has experience resolving difficult residential partition and sale disputes. Book a consultation to discuss:

the history of the property
your ownership interest
the available evidence
the steps that may help protect your position

Related disputes

This is part of Zel Law’s real estate litigation practice in Ontario. For how fees work, see our flat-fee options.