Legal Question in Real Estate Law in Canada

how can i force a sale of house if two people own it when the mortgage comese ot

two people own home. one is financially stable & the other is not &lives there and pays utilities. we both pay mortgage and improvements. i want to force them to sell the house at the end of the mtg due end of july. i want the full market value & finish the deal,they want to extend &open mtg &continue to pay until they are ready to move out. we want to sell the house,close the deal. they can go to an apt or buy new house. we could buy them out and they do not want to do that, they may want to buy us out but we want our full value of the house. is there any way that we can pay the mtg off and foreclose on them and force the sale of the house to get our investment back. we do not want to extend the mortgage after the due date. we asked them to put the house for sale, we sent the agent and they turned him away. we want the potential of the growing market value before we sell. how do we close this deal and force them out at the end of july.


Asked on 4/17/04, 11:21 am

1 Answer from Attorneys
Robert Maguire Maguire & Company

Re: how can i force a sale of house if two people own it when the mortgage comes

Under the common law there is a right of a co-owner to apply to the Court for the partition and sale of a property. However, you must check with a local solicitor as most provinces now have statutes that deal with this situation. In BC it is called the Partition of Property Act.

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Answered on 4/20/04, 12:45 pm


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