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Parties may be compelled to partition or sell land 2 (1) All joint tenants, tenants in common, coparceners, mortgagees or other creditors who have liens on, and all parties interested in any land may be compelled to partition or sell the land, or a part of it as provided in this Act.
The Partition Act in Ontario Under the Partition Act, a court may order the partition of the land or the sale of the land. The court may oversee and direct that process to the extent necessary. The suitability of partition versus sale largely depends on the nature of the property.
This means that each person is a 100% lifetime owner of the entire property. It also means that one owner cannot sell his or her share without the consent of the other. As a point of reference, the alternative to joint tenancy is tenancy-in-common.
The Partition Act of Ontario gives some help to co-owners of land who are in conflict. A landowner may petition to the court under the Partition Act to force the sale of his or her land. This right, however, is not absolute. The individual wishing to sell the land must have what is called as a “possessory right” to it.
A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
So b1 to BN is a partition of an event B if the union of b1 to BN is the event B. Another way ofMoreSo b1 to BN is a partition of an event B if the union of b1 to BN is the event B. Another way of saying this pictorially is that it takes the event B. And it splits it up into a bunch of small events.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.