If you co-own a home with a common-law partner in Ontario and they refuse to sell, you must file an application under the Partition Act. Initiating this legal process at the Superior Court of Justice requires a filing fee of $243 CAD (or $214 CAD if filed under family law rules) and a lawyer’s assistance to force the sale.
Buying a home together is a massive milestone for any couple. However, when unmarried common-law partners in Ontario purchase real estate together and put both names on the title, untangling the asset during a breakup can be incredibly messy. Because unmarried couples do not fall under the automatic property equalization rules of the Family Law Act, a completely different set of legal rules applies to the house.
When one partner wants to move on and sell, but the other absolutely refuses to list the property or buy out the other’s share, a stalemate occurs. 📋 You cannot simply call a real estate agent and sell your half of the house. To break the deadlock, whether you live in Ottawa, Brampton, or Toronto, you must utilize the Ontario Partition Act to ask a judge to legally force the sale of the jointly owned property.
Step-by-Step Process in Ontario
Forcing the sale of a home is a powerful legal remedy. Courts generally grant these orders, as nobody should be forced to co-own property with an ex-partner forever. Here is the step-by-step process your law firm will navigate.
Step 1: Confirming the Title Structure
Before demanding a sale, you must understand how you own the property. 📖 Are you “Joint Tenants” or “Tenants in Common”? If you are joint tenants, you own the property equally. If you are tenants in common, you might own unequal shares (e.g., 70% / 30%). Your lawyer will pull the parcel register to confirm the exact legal ownership, as this dictates how the final proceeds will be divided.
Step 2: Proposing a Formal Buyout
Before launching a lawsuit, you must attempt to resolve the issue privately. Your lawyer will send a formal letter to your ex, offering to either buy out their share at fair market value or giving them the option to buy yours. They will need to qualify for a new mortgage to do this. If they ignore the letter or refuse to cooperate, you have proven to the court that litigation is necessary.
Step 3: Filing the Partition Act Application
If negotiations fail, your lawyer will file a formal Notice of Application under the Partition Act at the Superior Court of Justice. 💰 This legal document requests that a judge order the property to be immediately listed for sale on the open market, and that the net proceeds (after paying off the mortgage and real estate fees) be held in trust until the exact division of funds is settled.
Step 4: The Court Hearing
Your ex can try to fight the application, but their defences are extremely limited. Unless they can prove “malicious, vexatious, or oppressive” conduct on your part, the Ontario courts will almost always grant the order to sell. An ex simply stating, “I don’t want to move because I like the house,” is never a valid legal defence against a Partition application.
Step 5: Enforcing the Sale and Dividing Proceeds
Once the judge signs the order, it often gives the cooperative partner sole conduct of the sale. 🏡 This means you get to choose the real estate agent and sign the listing agreement, bypassing your stubborn ex. After the house is sold, the funds are divided. If your ex owes you money for missing mortgage payments during the dispute, your lawyer can ask the court to adjust the final payout to compensate you.
How Much Does it Cost in Ontario?
Forcing a sale involves both legal fees and real estate transaction costs. 💵 Both partners lose money when they are forced to litigate rather than cooperating on a private sale.
| Superior Court Filing Fee | $214 – $243 |
| Lawyer Retainer (Uncontested Buyout) | $1,500 – $3,000 |
| Litigating a Partition Application | $5,000 – $15,000+ |
| Real Estate Commissions (Upon Sale) | 4% – 5% of the final sale price |
How Long Does the Process Take?
If you have to force the sale through the courts, the process requires patience. From filing the application to getting a hearing date, it typically takes 4 to 8 months. ⏳ Once the order is granted, preparing the house, listing it, and closing the sale usually takes an additional 2 to 4 months. In total, expect nearly a year to untangle the asset if your ex is highly uncooperative.
Frequently Asked Questions (FAQ)
Who pays the mortgage while we fight in court?
Both owners remain legally responsible to the bank. However, if one partner stops paying, the other should cover the mortgage to avoid foreclosure, and then ask the judge to reimburse them from the final sale proceeds.
Can my ex stop the sale if we have children?
It is possible, but difficult. If young children are involved, a judge might temporarily delay the sale (e.g., until the end of the school year) to minimize disruption, but they will rarely cancel the sale entirely.
What if my ex damages the house before it sells?
If your ex intentionally damages the property or refuses to let the real estate agent in for viewings, the judge can hold them in contempt of court and deduct the cost of repairs directly from their share of the equity.
Do we split the money exactly 50/50?
Generally yes, if you are joint tenants. However, the court can order an “accounting,” where the 50/50 split is adjusted if one person paid for a massive renovation or covered all the property taxes by themselves.
Can I buy my ex’s share instead of selling to a stranger?
Yes. If you have the financing approved, courts strongly prefer that one owner buys out the other at fair market value, as it avoids the massive costs of real estate commissions and staging.
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