We can help litigate your jointly owned land.
Experienced Legal Representation for Property Ownership Disputes in British Columbia
Disputes between property co-owners can arise over selling a property, sharing expenses, managing real estate, or dividing rental income. These conflicts commonly involve family members, former spouses, business partners, friends, or investors.
Our real estate litigation lawyers help clients throughout British Columbia resolve co-ownership disputes through negotiation, mediation, or litigation when necessary. We regularly represent clients before the Supreme Court and Court of Appeal of British Columbia in partition and sale applications and other property ownership disputes.
Property Disputes Between Family Members
Property disputes often involve jointly owned homes between siblings such as inherited property, investment properties, cottages, and multi-generational real estate. Disagreements can arise between siblings, parents or grandparents and children, grandchildren, cousins, or other relatives over conditions of ownership, the sale of property, shared expenses, rental income, or the management of family assets.
Whether you live in British Columbia, elsewhere in Canada, or abroad, owning property in B.C. can present unique legal challenges when co-owners cannot agree. Our lawyers regularly assist clients in resolving complex property ownership disputes through negotiation or litigation when necessary.
We also represent clients in matters involving elderly or vulnerable property owners, including situations where there are concerns about undue influence, financial exploitation, or one family member attempting to gain an unfair advantage. Our goal is to protect your ownership rights while working toward a practical and effective resolution.
Can a Co-Owner Refuse to Sell a Property in British Columbia?
Under British Columbia’s Partition of Property Act, a co-owner can ask the Supreme Court to order the sale or division of jointly owned property but the Court has discretion to decide whether or not to sell a piece of property. An owner of 50% or more of a property usually has a right to force a sale, but, if a co-owner is resisting a sale, a judge will assess whether or not there is a good reason not to make an order.
Whether you co-own property with a family member, former spouse, or business partner, we can advise you on your rights and represent you in partition and sale applications or negotiated buyouts.
Can You Appeal a Partition of Property Decision?
After a judge makes an order to sell a property, or to approve the sale of a property, parties may be able to appeal a decision to the Court of Appeal. Partition of property appeals may be available where there has been an error of law, a significant factual error, or an issue with the legal process. Because appeal deadlines are strict, it is important to obtain legal advice promptly.
Our lawyers advise clients on the merits of appealing partition and sale decisions and represent them in appellate proceedings where appropriate.
We Assist Clients With:
- Applications under the Partition of Property Act
- Co-owner buyout negotiations
- Joint tenancy and tenancy in common disputes
- Property ownership and beneficial ownership disputes
- Disputes involving inherited property
- Mortgage, tax, maintenance, and contribution claims
- Occupation rent claims
- Rental income and expense disputes
- Commercial and residential property co-ownership conflicts
Whether you are seeking to sell a jointly owned property, protect your ownership interest, or resolve a dispute with a co-owner, our team can provide the guidance and representation you need to achieve an efficient resolution.
