Quick answer
There is no fixed timeline for a forced sale of co-owned property in Ontario. Under the Partition Act, any joint tenant or tenant in common can be compelled to make or suffer partition or sale, and any person interested in the land can apply to court, which can order a sale if it considers that more advantageous (sections 2 and 3).
How long it takes depends on whether the owners agree, whether an owner is missing or the property was inherited, whether anyone appeals, the property and the court’s schedule. The law does set a few time points, described below, but no total.
If a co-owner wants out and the other will not agree, a court-ordered sale is the legal route. People often ask how long it takes. The honest answer is that it varies, so be cautious of anyone who promises a date. This article explains the process, the time points the law does set, and what makes a case faster or slower. For the broader picture, see our article on forcing the sale of jointly owned property and our article on buying out a co-owner.
What the Law Says
- Who can be compelled: joint tenants, tenants in common and other people interested in the land, including mortgagees and other creditors with liens, may be compelled to make or suffer partition or sale (section 2).
- Who can apply: any person interested in the land may bring an action or make an application for partition, or for sale under the court’s directions if the court considers a sale more advantageous (section 3(1)).
- Inherited property: where the land is held in joint tenancy or tenancy in common because of a will or an intestacy, no proceeding can be taken until one year after the death (section 3(2)).
- An owner who cannot be found: where a person interested has not been heard of for three years or more, and it is uncertain whether they are alive, the court can appoint a guardian to take charge of their interest (section 4).
- Appeals: an appeal lies to the Divisional Court from any order made under the Act (section 7).
See the Partition Act on Ontario.ca.
The Usual Stages
- Try to resolve it. A buy-out or a negotiated sale is usually faster and cheaper than a court process.
- Get advice and gather documents. Your lawyer reviews title, the mortgage, any co-ownership agreement and how the owners contributed.
- Start the court proceeding. The application or action is started in court and served on the other owners and anyone else with an interest.
- The court decides. The court decides whether the land should be partitioned or sold, and if a sale is ordered, it is carried out under the court’s directions.
- The sale closes. After the property is sold, the order sets how the money is paid out, including to any mortgage lender.
What Affects How Long It Takes
- Whether the owners agree on a sale, a buy-out or the terms, which can end the case early.
- Whether the property was inherited, which can add a one-year wait before anyone can start (section 3(2)).
- Whether an owner cannot be found, which can require a guardian (section 4).
- Whether anyone lives in the property or rents it, which affects how it can be shown and sold.
- Mortgages, liens or other claims on title that must be dealt with before a sale.
- Whether an order is appealed to the Divisional Court (section 7).
- The court’s schedule and the steps a civil case has to go through. Ontario.ca sets step deadlines for the simplified procedure but gives no overall timeframe.
Spouses
If the co-owners are spouses, the Family Law Act has special rules for the matrimonial home, and both spouses have an equal right to possession (section 19). Speak with a family lawyer as well as a real estate lawyer.
Frequently Asked Questions
Can one co-owner force a sale in Ontario?
A co-owner can apply to court under the Partition Act, and the court can order a sale if it considers that more advantageous. The court decides, so a sale is not automatic.
How long does a forced sale of jointly owned property take?
There is no fixed timeline. The Act sets only a few time points, such as the one-year wait for inherited property, and the total depends on the owners, the property and the court. A lawyer can explain what to expect in your case.
Can the other owner stop the sale?
They can oppose the application, and any order can be appealed to the Divisional Court. Whether a sale is ordered is for the court to decide.
What if my co-owner cannot be found?
Where a person has not been heard of for three years or more and it is uncertain whether they are alive, the court can appoint a guardian to take charge of their interest (section 4).
Can I apply if the property was inherited?
Yes, but no proceeding can be taken until one year after the death of the person whose will or intestacy created the co-ownership (section 3(2)).
Is there an alternative to going to court?
Yes. A buy-out or an agreed sale is usually faster and cheaper. See our article on buying out a co-owner.
Related: our real estate litigation service, our article on joint tenancy vs tenants in common and our resources hub.
Talk to a real estate lawyer about your property. Call (647) 696-8069 or book a free consultation. We serve clients in English, Hindi and Punjabi.
Legal Information, Not Legal Advice. This article is general information about partition and sale in Ontario, based on the Partition Act, the Family Law Act and Ontario.ca guidance checked on October 30, 2026. It does not predict how long any case will take, so speak with a real estate litigation lawyer about your situation.
