Listing a Property with One Seller in Jail

Question:

I was approached by a Wife who jointly owns a property with her husband. He was just sent to jail and they don’t get along.

She wants to sell. How do I get a proper Listing?

Answer:

This is very difficult. While you could actually list and sell the wife’s interest, who would buy that, when they don’t get the whole property or the right to exclusive possession?

I would see if you could meet with him. Assuming he doesn’t get along with his wife, that doesn’t mean that he wouldn’t be pleased to sell the property if it were in his best interests. If he is agreeable, he should sign a POA in favour of someone in whom he has confidence. He can also execute documents from prison provided he has access to the internet (which he may not).

If he refuses to cooperate, then the wife can make application to Court under the Partition Act for a severance of their interests and a Court supervised sale of the property.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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