When will a court dismiss a petition for partition and sale under section 6 of the Property Agreement?
British Columbia, Canada
The following excerpt is from Lennox v Lennox, 2019 BCSC 938 (CanLII):
On March 12, 2018, the petition was dismissed by a chambers judge of this Court: Lennox v. Lennox, 2018 BCSC 374. The chambers judge held that the petitioner was entitled under the Property Agreement to a fixed sum from the proceeds of the sale of the house. Even if this could be characterized as a possessory interest, the chambers judge found that the interest under the Property Agreement was less than a one-half interest. As such, the chambers judge held that the petitioner had no standing to apply for partition and sale under s. 6 of the PPA as that provision grants standing only to a party holding at least a one-half interest in the subject property.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a personal property agreement on property that would have occurred without the agreement? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Can a valid agreement regarding division of property be varied by the court? (British Columbia, Canada)
What is the law regarding partition and sale of property under the Personal Property Protection Act? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
In what circumstances will a party be allowed to sell their property in lieu of a Petition for Partition? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the test for petitioning the Supreme Court of BC to overturn a decision made by the BC Court of Justice in favour of a slata plan? (British Columbia, Canada)
Inaccuracies and errors of judgment must not be put together as grounds for dismissal, in what circumstances will the court accept as a cause for dismissal? (British Columbia, Canada)
When assessing the fairness of a common law agreement in its operation in terms of child and spousal support and property division, how is the agreement calculated? (British Columbia, Canada)
