We can help litigate your jointly owned land.
Partition of Property Proceedings
Co-owning property can lead to complex legal challenges, especially when co-owners wish to separate their interests. Our experienced team has experience navigating the voluntary and litigated termination of co-ownership agreements and arrangements including through the use of the Partition of Property Act (RSBC 1996, c. 347), providing strategic solutions to facilitate the division or sale of jointly owned land.
What Is a Partition of Property?
A partition of property is a legal process that allows co-owners to divide or sell jointly owned land. Under the Partition of Property Act, if co-owners cannot agree on the division or sale, a co-owner may apply for a court-ordered sale of the property. Depending on the circumstances, the court may order a sale and provide a distribution of proceeds.
We assist clients with:
- Disputes Among Co-Owners: Conflicts over property use, maintenance, or financial contributions.
- Inheritance Properties: Disagreements among heirs who inherit property from a parent or relative, but cannot agree on the conditions of its use or a sale.
- Investment Real Estate: Business partners seeking to sell their interest in jointly owned real estate that may or may not have tenants.
- Multi–Generational Properties: Multiple generations of family living in one property whose living conditions have deteriorated.
- Complex Ownership Structures: multiple owners of timeshares or multi-unit dwellings seeking to compel the sale of a property they each only own a portion of.
- Non-Marriage Relationships: Co-owners in a short term romantic relationship who purchase a property before becoming subject to BC’s Family Law Act or Canada’s Divorce Act.
- Distribution of Proceeds: We ensure clients increased contributions are considered after a property is sold and proceeds are distributed.
