Transcript – Blog Video – Partition & Sale of the Family Home
My name is Angela Princewill and I would like to talk to you about partition and sale of the matrimonial home.
You might be experiencing a situation where your partner is not agreeing to buy out your interest in the home and is also not agreeing to the home being put up for sale.
It might seem like there is no way out and today we want to talk to you about an option that is available to you under the Partitions Act which can compel your partner to put up that home for sale or otherwise buyout your interest in the property.
According to the Partitions Act, so long as you have an interest in a property, whether it is a legal or equitable interest, you have a right to seek that that property be partitioned and sold. The partition is so that your interest in the property can be divided—separated so to speak—from your partner’s and you can get whatever value that you seek for your portion of the property.
The key factors to know is that the property has to be situated in Ontario; it also does not matter whether or not you have legal title to the property. In other words, you may not be on title to the home and you would still have this remedy available to you.
If all options for negotiation have been exhausted, you need to bring an Application to court and make sure to check the box that you are asking for the sale of the matrimonial home. The court will grant that order except where there are compelling reasons why the home should not be partitioned and your share sold off.
It is very fact based and the court will look at each case based on its merit. There have been different reasons that we have seen in our practice as to why people have raised the issue of why it is not appropriate for the home to be sold or partitioned.
If it is not going to affect the other person’s interest negatively—when we say negatively, we do not simply mean there will be no negative impact at all, the other side may have an interest in holding on to the property for whatever reason and a partition and sale might negatively affect them—the court will likely grant the order. But it will be very fact based.
At the end of the day, your job is to make sure that you present it to a judge to see that whatever factors or reasons that the other side is presenting for not putting up the home for sale, that they are not good reasons and are not sufficient reasons to block you being able to get value for your interest in the property.
The partition and sale of a matrimonial home can get quite technical. It is generally not requested under the Family Law Act, even though there are some provisions there that speak to this. It generally can only be compelled under the Partitions Act.
But the take away from this video is to know that there are options. You do not always have to wait for the other side to consent and as always it is best to approach things from a negotiation perspective.
But if those are falling through, do not feel all hope is lost and that perhaps because you are not on title to this property that you do not have any remedy.
Realize that so long as that property is in Ontario that you do have an interest in the property, whether it is a legal interest or an equitable interest, that there is a remedy to you to be able to get value for that interest.
I hope this is helpful to you. You can refer to the Partitions Act as well as the Family Law Act of Ontario, or you can give us a call or send us an email.
We would be happy to show you how those specific provisions of the Act may be applicable in your case.
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