Can You Force the Sale of Jointly Owned Property in British Columbia?

There may come a time when a jointly owned property no longer aligns with everyone’s plans or needs. At Linley Welwood, we understand how challenging these real estate situations can be and the importance of knowing what options are available. That is why we have put together some information about whether or not you can force the sale of jointly owned property in British Columbia to help you understand the process and your legal rights.

Forcing the Sale of a Jointly Owned Property

When co-owners disagree about what should happen with a property in British Columbia, there is a legal statute called the Partition of Property Act (R.S.B.C. 1996, c. 347) that addresses the situation. Section 2(1) of the Act states that any joint tenant, tenant in common, creditor with a lien or other party “interested in any land may be compelled to partition or sell the land, or a part of it as provided in this Act”.

When Does the Court Order a Sale?

Under section 6 of the Act, when co-owners holding in aggregate at least one-half of the interests in the property request a sale, the court must order the sale of the property, unless it sees good reason to the contrary, and may direct how the sale proceeds are to be handled. In practice, this means if you own 50% or more of the property and the other co-owners resist the sale, you have a strong basis for asking the court to order the sale.

What Counts as “Good Reason” to Refuse the Sale?

The resisting co-owner must show the court a good reason not to order the sale. Typical reasons include a binding co-ownership agreement that limits a sale, or evidence of significant hardship if the sale is forced. In some disputes, a verbal agreement on property rights may also be raised, but courts generally require clear proof of such an understanding before giving it legal weight. The courts have emphasized that mere emotional attachment or the fact of living in the property is unlikely on its own to qualify.

What if You Own Less Than Half the Property Interest?

If the person applying owns less than half of the property, the court has more flexibility in making its decision. When co-owners disagree about selling or dividing the property, the court looks at the bigger picture, including what the property is used for, the relationship between the co-owners, and whether it is realistic or fair to divide the property into separate parts.

Practical Steps Before Pursuing Court Intervention

It is wise to review any co-ownership agreement you have in place. If none exists, consider negotiating a buy-out or voluntary sale. Documenting who contributed what, how the property has been used and maintained, and whether any binding agreement limits sale rights can support your case.

If you find yourself disagreeing with co-owners of a property in British Columbia, our team can help you understand your rights, assess whether you meet the criteria under the Partition of Property Act, and advise you on next steps. Contact us today to schedule a consultation.