If you jointly own a property in Calgary and want to sell, but the co-owner refuses, you can apply to the Court of King’s Bench for an Order for Partition and Sale. The court generally grants this order, forcing the property onto the market, but legal and court costs can range from $5,000 to $15,000+ CAD.
Owning real estate in Calgary is usually a fantastic investment, but sharing that ownership can sometimes turn into a stressful legal nightmare. Whether you inherited a house in Mount Royal with your siblings, bought a condo in the Beltline with an ex-partner, or invested in a commercial space with a business associate, disputes over when to sell are incredibly common. When communication breaks down, you might feel financially trapped in the property.
Fortunately, under Alberta law, you cannot be forced to remain a co-owner against your will indefinitely. 🔒 The province provides a clear legal mechanism under the Law of Property Act to force the sale of jointly owned real estate. While the court process is highly effective, it is also formal and requires strict adherence to legal procedures.
Step-by-Step Process in Calgary
Forcing a co-owner to sell a jointly owned property requires a strategic escalation of legal pressure. Whether your property is located in deep south Calgary or the northern suburbs, the legal process will take place downtown at the Court of King’s Bench.
Step 1: Attempt Negotiated Buyouts or Mediation
Before launching a costly lawsuit, your real estate lawyer will typically draft a formal demand letter. 📧 This letter formally asks the co-owner to either buy out your share of the equity at fair market value or agree to list the property with a licensed Calgary real estate agent. Often, simply receiving a formal letter from a law firm demonstrates that you are serious and prompts the other party to cooperate.
Step 2: Filing a Statement of Claim for Partition and Sale
If the co-owner remains stubborn or ignores the letter, your lawyer will file a Statement of Claim at the Court of King’s Bench. This document officially asks a judge to grant an Order for Partition and Sale. “Partition” historically meant physically dividing the land, but in modern urban Calgary, judges almost always order a “Sale” and divide the resulting financial proceeds instead.
Step 3: Obtaining the Court Order
During the court hearing, the judge will review the evidence. ⚔️ Barring exceptional circumstances (such as a binding prior agreement not to sell), the judge will generally grant the order. The court order will clearly dictate the terms: it can appoint a specific real estate agent, set the initial listing price, and give your lawyer sole authority to sign the final closing documents if the stubborn co-owner continues to refuse to sign the paperwork.
How Much Does it Cost in Calgary?
Taking a property dispute to the Court of King’s Bench is a major financial undertaking. Unlike personal injury cases, civil real estate disputes do not operate on a contingency fee basis; you must pay your lawyer via an hourly retainer.
| Lawyer Retainer & Fees | Hourly fees for drafting the Statement of Claim and arguing the application in court. | $5,000 – $15,000+ CAD |
| Court Filing Fees | Standard administrative fees required by the Alberta Court of King’s Bench to open your file. | Approx. $250 CAD |
| Real Estate Commissions | The standard commission paid to the real estate agent once the property is successfully sold. | 7% on first $100k, 3% on balance |
How Long Does the Process Take?
Forcing a sale through the courts is not a quick solution. ⌛ Depending on the current backlog at the Calgary Courts Centre and whether the other owner actively fights the lawsuit, it typically takes between 6 to 12 months to obtain the court order, followed by the standard time it takes to actually sell the house on the open market.
Frequently Asked Questions (FAQ)
Can I just change the locks and sell the house myself?
Absolutely not. As long as their name is on the land title, a co-owner has an equal legal right to access the property. You cannot legally sell, mortgage, or alter the title without their signature or a direct order from a judge.
What happens if they refuse to leave the property for showings?
If the co-owner occupies the property and obstructs the real estate agent, your lawyer can return to court to get an order for “vacant possession.” This legally forces them to move out and allows a Calgary bailiff to evict them if necessary.
Does the court divide the money exactly 50/50?
Generally, proceeds are divided according to ownership shares on title. However, the judge can order an “accounting.” If you paid 100% of the property taxes, mortgage payments, and maintenance for years while the other owner paid nothing, the judge may award you a larger share of the final sale proceeds.
Can the co-owner buy me out after the lawsuit starts?
Yes. Often, a co-owner will finally agree to secure financing and buy out your share of the equity right before the court hearing, realizing they cannot stop the legal process.
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