British Columbia’s Partition of Property Act is designed to help co-owners resolve property disputes when they need to divide or sell the asset.

The legislation often applies during property litigation involving common-law relationship breakups when couples don’t agree on what to do with the property. It may also be important during family inheritance disputes between siblings or during fallout from a business property dispute involving two or more partners.

A common question is what happens when one owner wants to sell and the other refuses?

The party seeking a sale can ask the BC Supreme Court for an order under the Partition of Property Act. It surprises many that the order is likely to be granted if the person requesting it has legal ‘standing’.

Here’s what you need to know if you find yourself involved in this type of property dispute.

What is the Partition of Property Act?

In BC, under the Partition of Property Act, any person with an interest in land (joint tenants or tenants-in-common) has a right to ask the court to partition the land or sell it.

Partition refers to physically dividing the land, which is rare in urban residential settings. Far more common in property disputes in B.C. is a request to sell the property and divide the proceeds among the owners.

Under the legislation, the British Columbia courts have the authority to force the sale of jointly owned property, the standard legal remedy when owners disagree about selling.

Does the petitioner have legal standing to sell?

Under the 50% rule, if the person (or persons) requesting the sale owns 50% or more of the interest in the property, the court must order the sale unless it sees a ‘good reason’ not to.

During property litigation, the court will first want to clarify whether the person requesting the sale has the legal standing to do so, i.e., do they have the legal right to initiate a lawsuit or court application?

In these cases, the petitioner must be a legal or beneficial owner of the property and have the right to the immediate possession of it.

In some residential real estate situations, where a property is subject to a lease that automatically renews month-to-month, the owner may not be successful in requesting a sale unless the buyer takes the tenant with the property. British Columbia’s tenancy laws state that a tenant in good standing cannot simply be evicted because an owner wants to sell. This can complicate matters.

However, in B.C., the property litigation process in disputes involving co-owners begins with a prima facie case, where the court presumes that the person wanting to sell is entitled to the order.

The opposing party must then provide a ‘good reason’ why the sale should not happen. This can be a high bar to meet in B.C. courts.

‘Good reason’ not to order a sale

Arguing ‘hardship’ in such cases is rarely an acceptable excuse for the court to disallow the sale. The responder usually needs to show one of the following:

The petitioner does not have legal standing.
There is a contractual agreement not to sell.
The case is affected by ‘bad faith’ or ‘unclean hands.’
A significant legal or equitable reason makes the sale fundamentally unfair.

If the opposing party successfully argues one of these reasons, the case may be dismissed. However, if no good reason is provided, the judge may order the property to be sold.

Sometimes, property owners are bound by multiple agreements, including trust agreements and co-ownership agreements. This can add complexity to disputes and require the strategic skills of a qualified property lawyer to unravel and reach the desired outcome.

The standard legal process in BC: Navigating the partition and sale

If you find yourself in a co-ownership stalemate, the legal process in British Columbia is structured to move the property toward a resolution.

Here is the standard path that your case will follow:

Step 1: The formal demand

The first step before going to court is usually to send a formal Demand Letter or Notice of Intent to Sell.

This letter serves two purposes:

It gives the non-cooperative owner a final opportunity to settle the matter out of court (such as by buying out your interest).
It demonstrates to a judge later that you made a reasonable attempt to resolve the dispute without litigation.

If the other party ignores this demand or refuses to cooperate, it provides the necessary ‘trigger’ to begin property litigation.

Step 2: Filing the petition

In B.C., a court-ordered sale is typically initiated by filing a Petition in the Supreme Court of British Columbia, rather than a standard Notice of Civil Claim.

Because the Partition of Property Act creates a presumption in favor of a sale, the court process is often more streamlined. Your lawyer will draft the petition and supporting affidavits, which outline your ownership interest, the nature of the property dispute, and the necessity of the sale.

Step 3: Obtaining the order for sale

If the court grants your request, it will issue a specific Order for Sale. This document takes the decision-making power out of the hands of the disagreeing owners and places it under the court’s supervision.

The court order typically dictates:

Conduct of sale: Which party (or realtor) is responsible for listing the property?
The listing price: Often based on an independent appraisal.
The realtor: If the parties cannot agree on a realtor, the court will appoint one.
Showings and access: Rules to ensure the party living in the home does not obstruct potential buyers.

Step 4: Distribution of proceeds

Once the property is sold and the sale is approved by the court (known as a ‘Vesting Order’), the funds are paid into a trust account. Before you receive your share, the following are typically deducted from the gross sale price:

Existing mortgage balances and penalties.
Unpaid property taxes or strata fees.
Real estate commissions.
Legal disbursements.

The remaining ‘net proceeds’ are then split between the owners. The court may perform an accounting to adjust the payouts. For example, if one owner paid 100% of the mortgage or property taxes for years, they may be entitled to a larger share of the equity.

Common practical concerns with a court-ordered property sale in BC.

Some of the main practical concerns when navigating a court-ordered property sale in B.C. include:

Occupational rent: Can the person leaving charge the person staying ‘rent’ while the court process unfolds?
Accounting: Adjusting the final payout for one party’s disproportionate contributions to the mortgage, property taxes, or major repairs.
Legal costs: Who pays for the court application? (Usually, costs are deducted from the sale proceeds or awarded to the successful petitioner).

In property dispute deadlocks where co-owners have different goals and intentions, professional guidance from a seasoned property litigation lawyer is essential to protect your equity.

For a free 30-minute consultation about your legal options with a co-ownership dispute or real estate litigation, contact the team at Legalbird today.

Date Modified:

April 23, 2026

Kawal Atwal

Family Law Expertise You Can Trust

Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.

Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.