Can I Force the Sale of a Co-Owned Property Under the Partition Act in Ontario?

Often yes. Joint tenants and tenants in common may be compelled to make or suffer partition or sale of the land under the Partition Act, and any person interested in land in Ontario may bring an action or application for partition. The court may order a sale instead of dividing the land if that is more advantageous.

The Court of Appeal for Ontario holds that co-owners have a prima facie right to force a sale. The party resisting must show why the property should not be sold, and the court refuses only if the applicant is acting maliciously, vexatiously or oppressively; age, illness and claimed hardship were not enough in one case.

Timing and special situations matter. Where land passed by will or on intestacy, no partition proceeding may be taken until one year after the death. A court-ordered partition or sale is effective to convey the interests of minors and of persons incapable under the Substitute Decisions Act, 1992, and an appeal goes to the Divisional Court. If spouses are involved, family law issues can affect a sale of a matrimonial home, so get advice before applying.