Legal Question in Family Law in Canada
property
property is owned by myself, my wife and my brother-in-law and his wife. he thinks he might get a divorce. does the majority rule if we want to sell said property or can his wife stop the sale for all of us? also can he give a power of attorney to his parents for his share since he wants to leave the country?
1 Answer from Attorneys
Re: property
No, majority has nothing to do with it, and no, neither one of the 4 of you can block a sale. If there is disagreement, then any of the owners can ask the Supreme Court Of British Columbia for an order for sale of the property under the Partition of Property Act. It is permissible for him to grant a Power of Attorney to any adult he chooses but a Power of Attorney does not trnasfer his share; it allows the person to whom it was granted to act as if he/she were the absent owner and sign documents for the absent owner.
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