Detailed answer — what Alabama law lets a co-owner do, and what you can do about an unauthorized sale

Start with the basic rules of co-ownership. In Alabama, two common forms of shared ownership are tenancy in common and joint tenancy. Each co-owner generally owns a share. A co-owner may sell or transfer their own share without the other co-owners’ consent, but they cannot unilaterally transfer clear title to the whole property unless they actually own the whole property or the deed they signed is defective or fraudulent.

1) If the deed is genuine but seller only owned a share

If a co-owner conveyed the property, but in fact conveyed only the seller’s undivided interest (as a tenant in common), the buyer typically takes the seller’s share — not the other co-owner’s share. The buyer then stands in the seller’s position and co-owns with you. Common remedies:

• Partition action. Either co-owner (or a buyer who holds the seller’s interest) can ask a court to partition the property. The court can divide the property physically (partition in kind) if feasible, or order sale and divide the proceeds among owners according to their shares. Partition is the normal equitable remedy to end co-ownership.
• Accounting and damages. If the sale to a third party deprived you of use or caused measurable loss, you may be able to seek an accounting or damages against the seller for improperly dealing with the property or for waste.

2) If the deed is forged, obtained by fraud, signed under duress, or otherwise voidable

A deed procured by forgery, fraud, duress, undue influence, or from a person who lacked capacity is void or voidable. If your co-owner never had authority to convey your interest (for example, they forged your signature), you can:

• Ask the court to cancel or set aside the deed. You can file an action to quiet title or to cancel the deed as void. A successful claim typically requires proof of forgery, fraud, or lack of authority.
• Seek criminal remedies. Forgery and related conduct can be criminal. A criminal prosecution (separate from your civil suit) can also help your civil case, though you should not rely on it alone.
• Recover damages. You may be able to recover compensatory damages from the wrongdoer for losses tied to the transaction.

3) If a buyer paid value and is a bona fide purchaser

Alabama law and local recording practices affect what happens when a buyer purchases in good faith and records. Whether the buyer obtains a superior title can depend on who recorded first and whether the buyer had notice of the prior interest. If a buyer is a protected purchaser, your remedies may focus on partition and damages against the selling co-owner rather than restoring sole title.

4) Emergency and interim relief

If a sale is imminent or a deed has just been recorded, you can ask the court for temporary injunctive relief or a temporary restraining order (TRO) to freeze the property or proceeds. Courts can preserve the status quo quickly while the underlying claims are litigated.

5) Typical court actions you might bring in Alabama

• Quiet title / cancellation of deed: Ask the court to declare the deed invalid or to quiet your title against adverse claims.
• Partition: Force a judicial division or sale of the property, with distribution of proceeds according to ownership shares.
• Rescission / reformation: In cases of mutual mistake or fraud, seek rescission of the conveyance or correction of the deed.
• TRO / preliminary injunction: Obtain immediate short-term relief to prevent an imminent sale or transfer of proceeds.
• Damages and equitable relief: Seek monetary compensation or equitable remedies for wrongful acts by the co-owner (fraud, conversion, breach of fiduciary duty if applicable).

6) Important Alabama law resources and statutes

Alabama’s statutes and court rules govern quiet-title and partition practices, remedies for forged instruments, and the priorities created by recording. For a starting point, consult the Alabama Code available from the Alabama Legislature’s website (search for terms like “partition,” “deed,” and “fraud”): Alabama Code (official site). Your lawyer will cite the specific sections that apply to your facts and the most recent authorities.

7) How courts decide which remedy to use

The right remedy depends on several factors:

• Whether the person who signed the deed had authority to sign or actually owned the full title.
• Whether the deed is forged or procured by fraud, duress, or mistake.
• Whether an innocent purchaser paid value, recorded first, or had notice of other claims.
• Whether physical partition is practical or whether a sale and division of proceeds is more appropriate.
• Whether immediate action (injunction/TRO) is needed to stop irreparable harm.

8) Practical outcomes you can expect

Possible results include:

• The deed being canceled and title restored to original owners (if deed is void/voidable).
• A partition sale with proceeds divided according to ownership shares.
• A court ordering compensation to the wronged co-owner and possibly awarding attorney fees in narrow situations.
• The buyer keeping the seller’s share (if the buyer is bona fide) and the wronged co-owner retaining their share and seeking partition.

Helpful Hints — steps to take right away

• Do not accept informal assurances. Preserve all documents and communications (deeds, sale contracts, texts, emails).
• Check county records. Request a certified copy of the recorded deed from the county probate/recorder’s office to confirm what was recorded and when.
• Confirm exactly what was conveyed. A deed may transfer only a fractional interest; read the deed language carefully or have a lawyer review it.
• Contact the title company or lender if there’s a mortgage or title insurance involved. Title insurance may provide a remedy if the insurer missed a defect.
• If a sale is imminent or funds are at risk, talk to a lawyer about asking a court for a temporary restraining order or injunction.
• Preserve evidence of fraud or forgery (signatures, unusual transaction patterns, communications showing misrepresentation) and consider filing a police report if criminal conduct is suspected.
• Consider mediation for faster resolution where appropriate; partition and quiet-title disputes are often resolved by settlement when money or property can be divided.
• Consult a local Alabama attorney promptly. Title and boundary disputes can involve strict procedural rules and short deadlines for preserving claims.