Going to court regarding the sale of a co-owned property

[ryank]

We have a cottage that is co-owned by 4 individuals, two of which want to sell. I understand that they would be able to take the other two individuals to court to force the sale of the entire property under the "Partition of Property Act" or similar. If there were court proceedings is there any possible way that the court could deny a sale of the whole property? What evidence, if any, would need to be provided in order to deny such a sale? Also, if the two individuals that do not want to sell cannot afford the court fees would they be able to apply for legal aid and what is the minimum income level in order to qualify for legal aid? Thank you.

 

[dee_dub]

What province are you in? In many provinces, if half of the owners want to sell, that's all that's needed. The court will grant their request.

Anyone who can't afford legal representation could apply for legal aid - I doubt they would get it, since (ahem) they're sitting on an asset that could be sold to pay legal fees.

 

[jharris352]

Dee_dub, isn't it funny how no one can afford to pay a lawyer! There is one on her that has a multi-million dollar estate and doesn't want to pay an attorney.

 

[dee_dub]

Can't/won't are two different animals. But hey, this is what the internet is for, right?