Detailed Answer — Remedies When a Co-Owner Sells Property Without Your Agreement (Alaska)

Short answer: If a co-owner sells real property without your agreement, Alaska law gives you several civil remedies: you can seek to quiet title, ask a court for partition (division in kind or forced sale), rescind or set aside the sale if there was fraud or a forged deed, obtain an accounting or damages for wrongful conduct, and request injunctive relief to stop or undo a pending transaction. Which remedy fits best depends on the ownership form, the nature of the sale (e.g., forged deed, breach of fiduciary duty, or unauthorized signature), and timing.

How ownership and the sale interact

First, identify how you and the other person own the property. Common forms of co-ownership are tenancy in common and, less commonly in Alaska, joint tenancy with right of survivorship. Each co-owner generally has the right to transfer that owner’s ownership interest. That means one co-owner can usually sell their own share without the other co-owner’s consent. But that sale is normally limited to the seller’s ownership interest — it does not, by itself, transfer title to the entire property unless the seller actually owned the whole interest or engaged in fraud.

Typical situations and legal consequences

• Sale of only the seller’s share: The purchaser acquires the seller’s share as a tenant in common with the remaining owners. You remain co-owner with the new purchaser.
• Sale of whole property when seller lacked authority: If a co-owner purports to sell the entire property but did not own the whole property (or the deed was forged), that sale can be challenged in court and potentially set aside.
• Sale after one co-owner’s signature is forged, or where the seller misled you: You can pursue rescission and damages for fraud and possibly get a constructive trust imposed over proceeds.

Primary legal remedies under Alaska law

1) Partition (division or forced sale)

Action for partition lets a co-owner ask the court to divide the property among co-owners (partition in kind) or, if division in kind is impracticable, order a judicial sale and divide the proceeds. Partition is the normal civil remedy when co-owners cannot agree about what to do with jointly owned real estate. Partition actions are filed in Alaska Superior Court.

2) Quiet title / cloud on title action

If the sale created an invalid or contested interest on the record (for example, a deed from a co-owner who lacked authority, or a forged deed), you can sue to quiet title to remove the cloud and confirm your ownership rights. If the deed is forged, courts will often cancel the deed and restore title to the rightful owners.

3) Rescission and setting aside the sale for fraud, forgery, or material misrepresentation

If the sale resulted from fraud, forgery, undue influence, or a material misrepresentation, courts can rescind the transaction and order restoration of the status quo (including recovering the property or proceeds) and may award damages.

4) Equitable remedies — constructive trust and accounting

When proceeds of a wrongful sale are traceable, a court may impose a constructive trust over the sale proceeds so those funds are treated as belonging to the injured co-owner. You can also ask for an accounting of rents, profits, and sale proceeds.

5) Injunctive relief and lis pendens

If a sale is threatened or closing is imminent, you may ask the court for a temporary restraining order (TRO) or injunction to halt the closing. Filing a lis pendens (notice of pending action) can place the world on notice of your claim to the property and often affects marketability of title until the dispute is resolved.

6) Damages for breach of fiduciary duty or wrongful acts

In certain situations—especially where one co-owner is in a position of trust or exercises control that required a higher duty—courts may award damages for breach of fiduciary duty, conversion, or other wrongful conduct.

Procedural steps to take (practical roadmap)

1. Collect documentation: deed(s), title report, recording information, sale contract, closing documents, bank records (if proceeds moved), communications with the other owner, and any evidence of fraud or forgery.
2. Record a lis pendens if you are filing suit and want to protect the claim to the property from further transfers.
3. Consider emergency relief: if a sale is imminent or already scheduled to close, seek a temporary restraining order or injunction from the Superior Court to stop the closing.
4. File the appropriate civil action in Alaska Superior Court — quiet title, partition, rescission and recovery of proceeds, or a combination depending on the facts.
5. Consider negotiating: sometimes mediation or settlement with a new purchaser may be faster and cheaper than litigation.

How the law typically treats new purchasers

A purchaser who buys a co-owner’s share for value and without notice of a defect generally takes that share free of claims that only affected the selling co-owner personally. But if the purchaser had notice of a pending dispute, or if the deed itself was forged, the purchaser’s interest can be vulnerable. Whether a purchaser is protected depends on the recording system, their actual or constructive notice, and whether the deed was validly executed.

Example hypothetical (simple)

A and B own property as tenants in common. A sells the entire property at closing to C without B’s knowledge by signing a deed that purports to transfer the whole property (but A only owned a half interest). After the closing, B can:

• file a quiet title action to cancel or reform the deed if the deed was forged or improperly recorded;
• seek partition to divide value between B and the purchaser or order a resale;
• seek rescission and recovery of proceeds if the transfer was fraudulent; and
• request a constructive trust on the sale proceeds if those proceeds are identifiable.

Timing and statutes of limitation

Timing matters. Different claims have different limitation periods (for example, claims based on fraud, quiet title, or breach of fiduciary duty may each have different deadlines). If your claim is time-sensitive—particularly where a deed may be forged or a sale recently closed—act promptly to preserve evidence and your legal rights.

Where to file and where to look for Alaska law

These actions are typically brought in the Alaska Superior Court in the judicial district where the property lies. For Alaska statutory and procedural guidance, search the Alaska Statutes on the Alaska Legislature website: https://www.akleg.gov/basis/statutes/. For court forms and filing information, consult the Alaska Court System: https://courts.alaska.gov.

Helpful Hints

• Preserve evidence: keep copies of deeds, sale contracts, emails, texts, and any communications about the sale.
• Check the recording: look up the property’s chain of title at the local recorder’s office to see what was recorded and when.
• Act quickly on possible forgeries or fraud; courts are more likely to unwind transactions when action is prompt.
• Use lis pendens strategically: it alerts potential buyers and lenders that the property is subject to litigation and can block deals that unfairly prejudice your claim.
• Consider mediation: many property disputes resolve more quickly and cheaply through negotiation or mediation than through a full trial.
• Know your ownership share: if you own a specific fractional interest, a buyer can lawfully purchase only that share unless the deed says otherwise or is forged.
• Consult an attorney if closing is imminent. An attorney can file emergency relief (TRO) to temporarily halt a sale.

When to consult an Alaska attorney

If you find out that a co-owner has sold the property without your agreement, consult an attorney experienced in Alaska real estate litigation right away if any of the following apply:

• The deed appears forged or falsified.
• The buyer knew about your objection or the sale was fraudulent.
• There are large sale proceeds you may have a claim to recover.
• A sale closing is scheduled or there is an immediate threat to your ownership interest.

Disclaimer: This article explains general Alaska legal principles for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed attorney in Alaska.