Does a joint tenant have a prima facie right to partition or sale?
British Columbia, Canada
The following excerpt is from M.K.O. (by his Litigation Guardian) v. M.E.C., 2005 BCSC 1051 (CanLII):
In Harmeling v. Harmeling, [1975] 5 W.W.R. 688 (B.C.C.A.) our Court of Appeal held that a joint tenant has a prima facie right to partition or sale, and that partition or sale should be ordered unless there is a good reason to deny the order. In Bradwell v. Scott, [2000] B.C.J. No. 2151, 2000 BCCA 576, it was held that such reasons are not restricted to cases of serious hardship, but rather that all the circumstances must be considered to determine if a good reason exists to deny the order.
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