Disagreements aren’t always avoidable, and change is inevitable. If you share property ownership with someone, whether with a spouse, friend, common-law partner, business partner or beneficiary, it helps to know what recourse you have when property disputes arise or if changes need to be made. In this article, lawyer Michael Liu of Spraggs Law outlines what the Partition of Property Act is and how it may provide potential legal remedies when disputes arise between co-owners of a property.
How decisions on a co-owned property are made can range from informal arrangements and discussions amongst friends and family to legally enforceable contracts. It is inevitable that friction and differences in opinion could arise during the process. It is best practice to document any agreements, decisions or substantial discussions in writing and have all interested parties acknowledge the same in case of potential disputes.
Unfortunately, there are times when co-ownership of a property is no longer feasible, such as relationship breakdowns or a change in a co-owner’s personal or financial circumstances. Moreover, the co-owners may not agree on how to deal with the property. In this situation, a provincial legislation, the Partition of Property Act (the “Act”), may provide potential legal remedies.
It is important to note that it is not just the co-owners who have the right to make an application under the Act. Anyone who may have an interest in the disputed property, such as lenders or creditors, may be eligible to apply.
While the mechanisms under the Act are relatively straightforward, the devil is in the details, and the likely success of an application will depend on the specific facts of the case.
If you have questions about your rights regarding a property or estate, our lawyers at Spraggs Law are here to help. Please don’t hesitate to contact us at 604 359 1627 or online today.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
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