Can a court force the sale of a house?

Can a court force the sale of a house?

The legislation in both British Columbia and Alberta allows the Court to force the property to be listed for sale, regardless of whether or not both parties consent. When spouses cannot cooperate or agree, sole conduct of the sale may be required.

Can you sell a property with a charging order on it?

If a Charging Order has been issued against your property you can sell at any time if there is sufficient equity in the property to pay the charge in full.

Can a beneficiary force a sale of property?

Take it to court: If all the beneficiaries are in dispute and an agreement cannot be reached, then there’s no option but to involve the court which typically results in a forced sale of the property. The court procedure can be complicated and costly so, its best to avoid it.

How long after a death can a property be sold?

If the house does sell, settlement takes between 60–90 days — which can be a long wait if you want prompt closure on your loved one’s affairs. A successful settlement may also be delayed or fall through if the buying party has issues with their financing.

What happens if all heirs don’t agree?

If one of the heirs refuses to consent in a probate proceeding, schedule it for a hearing. If the property is held as tenants in common, sue for partition.

How is heir property divided?

All forms of intestate property are divided among the heirs upon the basis of the fair market value, which is represented by a cash value. In most states, the fair market value of all the deceased’s intestate property is added to together to form the intestate estate. It is this value that is divided among the heirs.