Question about being forced to sell house

[Mesh55]

Hello,

I searched for this topic but was not able to find it. I appologize if this is duplicate.

My bothers ex is claiming her layer can forced him to sell the house they mutually own. She wants maximun dollar and he is not willing to buy it from her at what she wants. Is this true? Are they any steps that have to be taken first in order to prevent this sort of thing? Can someone really force the sale of the house if they are not happy with the buyout amount?

Thanks,
R

[FL_Needs_To_Change]

I would think that the offer would have to be a reasonable offer.
My understanding is that he wants to sell but does not like the offer given.
If the home is worth $350,000, and you are offered $250,000, then this doesn't seem fair, but $330,000 or similar would be considered fair.
I would not think that a court would order you to take the first offer that came along just because the ex wanted to sell fast.

If the brother is stalling trying to get the market value only, then a judge may see that he is simply stalling not waiting for a reasonable offer.
She can ask for an order to force the sale of the home, but he would have to show he is being reasonable in his efforts to sell, and that all offers thus far have been purely unacceptable given the fair market value of the home.

Here are is a case law for you to read to see how this "may" be handled.

CanLII - 1999 CanLII 6410 (BC S.C.)

Alternately you can generate your own search with key words to find relevant case law.

CanLII - Advanced Search