Partition and Sale: What Happens When Co-Owners Disagree?
When co-owners of a property cannot agree on how to manage or divide their shared asset, it can lead to significant challenges. Whether the property is a family home, investment, or business asset, disputes among co-owners can stall decisions and create tension. At Linley Welwood, our real estate lawyers understand how these situations require careful legal navigation to protect everyone’s interests. That is why we have outlined what typically happens in cases of partition and sale when co-owners disagree, to help you better protect your interests.
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What Happens When Co-Owners Disagree?
Disputes between co-owners often arise when beneficiaries disagree about selling or dividing the property. Understanding the legal options available under BC law can help clarify the path forward.
Partition and Sale Explained
Partition refers to the division of property among co-owners. When physical division is not possible or practical, the law allows for a partition by sale. This means the property is sold, and the proceeds are then divided among the co-owners according to their ownership shares. A partition of sale usually requires a court order in the event that co-owners cannot reach an agreement independently.
Legal Process for Partition and Sale
If co-owners cannot agree on what to do with a property, one of them can have their lawyer ask the BC Supreme Court to divide or sell it. The court will look at the type of property, each person’s share, and whether it can be fairly split. In most cases, the court will order the property to be sold and the money divided between the owners.
Role of Mediation and Lawyers
Mediation can be a helpful way for co-owners to reach a mutually acceptable agreement without having to undergo a lengthy litigation process. Experienced lawyers can guide clients through negotiations and court applications, ensuring their rights are protected throughout the dispute.
At Linley Welwood, we are committed to helping you understand your rights and options when it comes to a disagreement over a partition and sale. Contact us today to discuss your situation and to explore the best path forward with experienced legal support.
