Can a Co-Owner Force the Sale of a House in British Columbia?

Owning a house with someone else works until one of you wants out. Maybe a relationship has ended, a family member inherited a share, or an investment partner wants cash. The other owner may refuse to sell or buy you out, and you may wonder whether you are stuck.

In British Columbia, co-ownership does not necessarily lock you in. This article explains how the Partition of Property Act works, how courts approach a request for sale, and what to consider whether you want out or are being pushed.

This article covers the law of British Columbia.

How co-ownership works on title

When land is transferred to two or more people in BC, they are tenants in common unless the transfer document shows a different intention. If the shares are not stated, they are presumed to be equal. A transfer to spouses is not treated differently just because they are married.

The other common form is joint tenancy, where each owner has an identical interest and the survivor takes the deceased owner's share. The type of ownership matters for what happens on death, but the law on forcing a sale applies to both kinds, as the next section explains.

What the Partition of Property Act allows

Joint tenants and tenants in common may be compelled to partition or sell the land. Partition means dividing the property physically, which is rarely practical for a single house. Whether a division or a sale suits your property depends on the facts, so it is worth confirming with a lawyer.

If interested parties holding at least half the property ask for a sale, the court must order a sale unless it sees good reason to the contrary. The court may also order a sale instead of partition even if another owner objects.

• It applies to joint tenants and tenants in common alike.
• If owners holding at least half the property request a sale, the court must order one unless it sees good reason to the contrary.
• Whether a single owner with a smaller share can apply depends on the facts, so it is worth confirming with a lawyer.

If you are separating from a spouse

Spouses have a separate set of rules. On separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and not being on title does not by itself remove that entitlement. A spouse can be a married person or someone who has lived in a marriage-like relationship for at least 2 years.

To give effect to a division, the Supreme Court can require partition or sale of property with payment out of the proceeds. The court may also order an unequal division if equal division would be significantly unfair. A proceeding to divide property generally must be started within 2 years after a divorce judgment or nullity order for married spouses, or after the date of separation for unmarried spouses, and that limit is suspended while the spouses are in family dispute resolution with a professional.

Two protections matter while things are unresolved. The court can grant a spouse exclusive occupation of the family residence for a specified period, which does not transfer ownership. It must also restrain the other spouse from disposing of property until that spouse establishes the claim will not be defeated, and this can be ordered before notice is served.

Other tools between co-owners

Money disputes can arise without a sale application. A co-owner who has paid more than their share may apply to the Supreme Court for relief, and the court may order the other owner's interest sold under the court-sale rules. One co-owner may also bring an action of account against another.

What to do next

Before going to court, it usually makes sense to try a negotiated outcome, such as one owner buying the other out or both agreeing to list the home. Court applications take time and cost money, and how a court would approach your situation depends on the facts. Mortgage terms and lender consent are contract matters, so check your mortgage documents too.

• Get a current title search to confirm how you hold title and in what shares.
• Gather records of who paid the mortgage, taxes, insurance and repairs.
• Note whether you are a spouse and the date of separation, if relevant.
• Check your mortgage and any written agreement between the owners.
• Speak with a lawyer before applying, or before responding to an application.

Frequently asked questions