Section 105: Stay of licitation
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
105. Stay of licitation
(1) A defendant in a licitation may, within the period specified in section 102, apply by petition to the Master for an order staying the proceedings in licitation, and substituting, in their place, proceedings for a division in
kind (partage en nature) of the property sought to be licitated.
(2) A co-owner of an immovable property may also, by petition to the
Master, ask that the property be divided in kind or, where such division is
not possible, that it be sold by licitation.
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Questions this section answers
- Can I ask the court to physically divide co-owned property instead of forcing its sale?
- What can I do if I don't want shared property sold and prefer it split among the co-owners?