For the most part, buying or selling a home tends to be simple, and for that, we can all be grateful. However, real estate is nuanced. The market is always evolving. Even though we are not lawyers, we still have to stay up-to-date with the legalities and regulations of the industry.
One question that has come up now and then is whether you can sell a house if your partner refuses. Ideally, all owners are on the same page when it comes time to move on – or at the very least, they can come to an agreement. But what happens if one person wants to sell a house and the other adamantly refuses? Can one partner force the other to sell? Let’s talk about the options in more detail.
Do you need extra support during a separation or other sensitive transaction? Our detailed seller’s checklist can help you keep moving forward. Download your copy right here.
Can a Jointly Owned Property be Sold By One Owner?
As real estate values rise, we are beginning to see different types of home ownership structures. Platonic friends and even acquaintances buy a house together so that they can get into the market sooner rather than later. There is also no limit to how many names can be on the title, which gets understandably complex when one person wants out of the agreement.
Traditionally, however, two people who are buying a home together are in a committed relationship. Whether it’s official or not, the property is now considered a matrimonial home, meaning there are special protections in place under the Family Law Act.
In a common law partnership or marriage, both spouses have an equal right to possession and occupancy of the home regardless of how the title is set up. Even if only one name is on the title, the other partner still has an equal say in whether or not the house can be sold, when, and for how much.
Can you force your partner to sell if they don’t want to? Not without involvement from the courts. Since that can be stressful and drawn out, it’s better to negotiate and come to a peaceful compromise whenever possible.
Conflict during the selling process isn’t the only real estate challenge you might face. Whatever you’re up against, you’ll find valuable advice in the posts below:
- What If Your House Has a Stigma?
- How To Make Selling a Home Easier During a Divorce
- Can You Avoid a Power of Sale of Your Home?
Can I Sell My Share of a Jointly Owned Property?
If you can’t force your partner to sell, the next question becomes, can you sell your share of a jointly-owned property? Once again, it depends on the relationship between the owners. It also depends on how the title is set up at the time of the original purchase. Either way, it can get complicated.
In a platonic partnership, you likely want a Tenants in Common agreement. In this case, each share of the house is separate, and you are free to sell your portion.
Under Joint Tenants, both parties have to agree to sell the property in its entirety. If one person wants to sell their share, they must come to an agreement to change the title to Tenants in Common.
With a matrimonial home, you could offer to sell your share to the other partner. It’s only a possibility if both owners agree to the transfer of ownership. Even if they are on board with the idea, the sale still depends on their ability to secure financing or access enough funds to buy you out.
How should you set up your home title? Learn more in Joint Tenants Vs Tenants In Common.
How Long Does It Take to Force Sale of Property in Ontario?
If your situation is contentious, you likely want to resolve it as quickly as possible to alleviate any stress and uncertainty you have about moving forward. Unfortunately, there are no easy answers once communication begins to break down.
In the worst-case scenario, you may need to file a Partition and Sale application to compel your partner to sell the home. With the current backlog in cases, it’s impossible to say how long that would take – if the courts grant your request and your partner doesn’t contest the application.
To prevent things from getting to this point, we recommend seeking legal advice as early as possible. It is in everyone’s best interests to come to an agreement early on as it will likely result in a more profitable sale. Every dollar is imperative when you are both planning to go your separate ways.
If you’re looking for ways to prepare for a sale quickly, the posts below can help:
- How to Sell a House Fast
- Beyond Staging: Adding the Most Value for the Least Effort
- What Home Features Matter Most to Buyers?
Selling Property During Separation
What to do with the matrimonial home when separating can be one of the most challenging decisions you and your partner face. If one owner wants out and the other partner can’t afford to buy their share, a sale at some point is likely inevitable.
The best step for everyone involved is generally to sell the house as quickly as possible. The longer the process gets drawn out, the more expensive and stressful it will be. It’s better by far to take care of it before it becomes a distressed sale.
By working cooperatively, you have time to prepare the home for a profitable sale. Though selling during a divorce or separation can be more complex, there are resources available to help streamline everything as much as possible. One of your first steps is to connect with both an experienced lawyer and a knowledgeable real estate professional.
Are you facing a challenging situation when buying or selling a home? Our Peterborough real estate agents are happy to guide you to a successful outcome. Reach out to team@jeffandkatie.ca or call 705-243-9797 with any questions.
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