Does a joint tenant have a right to paritition and - sale?
Manitoba, Canada
The following excerpt is from Krohn v. Krohn, 1987 CanLII 6936 (MB QB):
The law in this regard was spelled out in the case of Shwabiuk v. Shwabiuk (1965), 51 W.W.R. (N.S.) 549. In effect this case says that even though the decision is a discretionary one, a joint tenant has a prima facie propri- etory right to paritition and - sale provided he comes to court with clean hands and the granting of such an order would not be vexatious or oppressive.
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