Can my ex-spouse force a sale of our house in Alberta?
This answer covers the law of Alberta.
Not on their own, but a court can order a sale in some situations. A co-owner may apply to the Court for an order ending the co-ownership. The Court may order the land divided, a sale with the proceeds shared, or a sale of that person's interest to the other co-owners who want to buy it.
If you were spouses or adult interdependent partners, the Family Property Act also applies. The Court may order that property be sold and the proceeds divided, and may set the terms of the sale. It may instead give one partner exclusive possession of the family home, after considering other available housing and the needs of any children living there. A possession order takes effect despite a later order for partition and sale.
A sale is not automatic. If the highest offer on a court-ordered sale is below market value, the Court may refuse to approve it. Claims between former partners are also time-limited, generally to 2 years from separation for spouses. Your own situation, including your mortgage and any agreements, is worth reviewing with a lawyer.
Key takeaways
- A co-owner can apply to the Court to end the co-ownership, and the Court may order division, a sale with shared proceeds, or a buyout by the other co-owners.
- Separating spouses and adult interdependent partners can also be ordered to sell property and divide the proceeds under the Family Property Act.
- The Court can give one partner exclusive possession of the family home, and that order takes effect despite a later order for partition and sale.
- The Court may refuse to approve a court-ordered sale if the highest offer is below market value, so a sale is not automatic.