Yes. In Ontario, a co-owner who wants to sell a jointly owned property can force the sale through the courts even if the other owner or owners refuse. The legal mechanism is the Partition Act, R.S.O. 1990, which gives any registered co-owner the right to apply to the court for a partition or sale of the property. Understanding how this works, how long it takes, and what the alternatives are changes how co-owners in dispute approach the problem.
What the Ontario Partition Act Actually Says
Under Ontario’s Partition Act, any co-owner of property has the right to apply to the Superior Court of Justice for an order of partition or sale. Partition means physically dividing the property between the owners. Sale means the court orders the property sold and the proceeds distributed according to each owner’s share. For residential properties, courts almost never order physical partition, because you cannot split a house in half. In practice, a Partition Act application almost always results in an order for sale.
The court has discretion to refuse a partition or sale application in limited circumstances, typically where the application is made in bad faith, where there is an existing agreement that prevents it, or in cases involving family law situations governed by the Family Law Act. For straightforward co-ownership disputes with no overriding agreements, the court will generally grant the application.
Common Situations Where This Becomes Necessary
Inherited Properties Where Siblings Disagree
When two or more siblings inherit a parent’s home and cannot agree on what to do with it, the Partition Act provides the path forward for the sibling who wants to sell. For the broader context of selling inherited properties, see our guide to selling an inherited house in Canada. If an executor or estate trustee has the authority under the will to sell the property, a Partition Act application may not be necessary, the executor can often proceed independently. Where the beneficiaries are equal registered owners with no executor authority, partition is the legal remedy.
Investment Partners Who Can No Longer Agree
Real estate investment partnerships dissolve for many reasons: financial pressure, disagreement on strategy, or simply the end of a personal or business relationship. If co-investors in a property cannot reach a buyout or sale agreement voluntarily, a Partition Act application gives the willing party a legal exit. The process applies to investment properties in the same way as residential properties.
Relationship Breakdown Not Covered by the Family Law Act
Jointly owned property between unmarried partners or roommates is not automatically governed by the Family Law Act the way it is for married spouses. Unmarried co-owners who break up and cannot agree on selling or dividing the property must use the Partition Act to resolve the dispute. Married spouses may also use the Partition Act, though the Family Law Act provides additional remedies specific to the matrimonial home.
How the Partition Process Works in Ontario
- One co-owner retains a real estate litigation lawyer and files an application in the Superior Court of Justice
- The application names all other co-owners as respondents and sets out the relief requested (typically an order for sale)
- The respondents are served and have an opportunity to file a response
- The court may schedule a motion or hearing, or the matter may proceed by way of consent if respondents do not oppose
- If the application is granted, the court orders the property listed for sale under specified terms
- Sale proceeds are distributed to the co-owners according to their registered ownership percentages after deduction of shared costs
How Long Does a Partition Application Take in Ontario?
A contested Partition Act application in Ontario typically takes six to eighteen months from filing to a court order. An uncontested application, where the responding co-owner does not oppose the sale but simply requires a court order to formalize it, can be resolved in two to four months. Settlements reached between the parties before or during the proceeding are the fastest outcome and can occur at any stage.
What Does a Partition Application Cost?
Legal fees for a Partition Act application in Ontario range from $10,000 to $30,000 or more depending on whether the matter is contested and how complex the proceeding becomes. These costs are typically paid from the sale proceeds, though in some cases the court may award costs against the party who acted unreasonably in opposing the application. The potential cost of a contested proceeding is often the factor that motivates co-owners to reach a voluntary agreement before filing.
Alternatives to the Partition Act
Buyout
If one co-owner wants to sell and the other wants to keep the property, a buyout allows the staying owner to purchase the departing owner’s share at an agreed-upon price. Getting an independent appraisal and having a real estate lawyer document the transaction protects both parties. A buyout avoids court costs entirely and can be completed in weeks rather than months.
Mediation
A qualified mediator can facilitate a negotiation between disputing co-owners without court involvement. Mediation is significantly faster and cheaper than litigation, and agreements reached through mediation can be legally documented and binding. Most Partition Act cases that settle before trial do so through some form of negotiation or mediation.
Direct Sale to a Cash Buyer
In situations where one co-owner is willing to sell and the other is not actively opposing the sale (just not cooperating), a written cash offer from GTA House Buyers can sometimes serve as the catalyst for an agreement. A concrete offer with a specific price removes the abstraction from the discussion and gives all parties a real number to evaluate against the costs and delays of a court proceeding. GTA House Buyers regularly purchases properties with co-ownership complications across Ontario and the Greater Toronto Area. The company is BBB A+ accredited and has been buying Ontario properties since 2003. For more on the general mechanics of selling with multiple owners, see our guide to selling a house with multiple owners in Canada. Call (647) 848-7790 any time to discuss your specific situation.