This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English statutes that are no longer in force in England. This report recommends that the legislature enact a statute providing for the termination of the co-ownership. As co-owners often buy or inherit property without making an agreement as to what will happen if they disagree over its use or disposition, it is in their interest and the public’s interest that the law provides a means by which one or more of them can end their relationship. This report also recommends that the Partition and Sale Act provide three ways in which the co-ownership may be terminated: sale, partition, or sale of the interest of one or more of the co-owners in the land or part of the land to one or more of the other co-owners. Except as provided elsewhere in these recommendations, a co-owner should be rightfully entitled to the termination of the co-ownership. The report also recommends that that the court have discretion as to the remedy or combination of remedies to be granted upon an application for termination of co-ownership.
Final Report
Back to Publication SearchPartition and Sale, Final Report 23
Resource Details
Publication No: | 23 |
FORMAT: | Publications |
TAGS: | co-parcenary, joint tenancy, lease, matrimonial home, mortgage, partition, title |
FILE: | fr023.pdf |
ENACTMENT: |
Partition and Sale Act, SA 1979, c 59 (now Law of Property Act, RSA 2000, c L-7, ss 14-19, 20-33). |