Is a joint owner of a property a prima facie right to have the property sold?

Ontario, Canada


The following excerpt is from Barbieri v. Vistoli, 2019 ONSC 6385 (CanLII):

A joint owner of a property has a prima facie right to have the property sold. However, when the property is a matrimonial home, one owner’s right to sell it is subject to any competing right of the other owner under the Family Law Act that would be defeated if the property were sold: Mignella, para. 23, Goldman v. Kudeyla, 2011 ONSC 2718, at para. 17.

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