In what circumstances will a party be allowed to sell their property in lieu of a Petition for Partition?
British Columbia, Canada
The following excerpt is from Davies v. Quaggan, 2002 BCSC 1661 (CanLII):
In Patrick v. Haller, [1979] B.C.J. (Q.L.) No. 949 (B.C.S.C.), Esson, J., as he then was, dealt with a request for partition only and stated that the case was “unusual” in that the alternate remedy of sale in lieu of partition was not requested. Esson, J. found that there was an agreement in place between the parties that was “complete and binding” and that the Petition for partition was contrary to that agreement in place. The Petition for partition was dismissed.
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