Overview
If you co-own real property in Arizona and another co-owner transfers the property or an interest without your agreement or authority, Arizona law provides several civil remedies. Which remedy fits depends on factors such as how title is held (tenancy in common vs. joint tenancy), whether the deed was forged or fraudulent, whether the transfer conveyed only the seller’s share or purported to transfer the entire property, and whether a buyer took the property in good faith.
Detailed Answer — remedies under Arizona law
1. Understand what was actually transferred
A co-owner generally may sell or transfer only the ownership interest they own. If an owner of a share (for example, a tenant in common) sells, that sale conveys only that owner’s fractional interest unless the deed falsely claims sole ownership. If a deed purports to transfer the entire property but only one co-owner signed, the deed may be void or voidable as to the non‑signing co-owner and can create a cloud on title that can be challenged.
2. Quiet title or declaratory judgment
If the sale produced a cloud on title (for example, the public record shows a conveyance that you believe was unauthorized or forged), you can file an action to quiet title or a declaratory judgment to establish ownership and remove the cloud. Arizona’s property statutes and civil procedure rules govern these actions; see Arizona Revised Statutes, Title 33 (Property) and Title 12 (Courts and Civil Procedure) for the general framework: A.R.S. Title 33 — Property and A.R.S. Title 12 — Courts and Civil Procedure.
3. Partition action (forced sale or division)
If co‑owners cannot agree about what to do with jointly owned real estate, any co‑owner may file a partition action. A partition action asks the court either to divide the property physically (partition in kind) or to order a sale and divide proceeds among co‑owners according to their shares (partition by sale). If a co‑owner sold only his/her share to a third party, you can still seek partition against all current owners, including the buyer, to dissolve the co‑ownership and distribute proceeds.
4. Challenge deed validity: forgery, fraud, incapacity
If the deed was forged, obtained by fraud, executed while the grantor lacked legal capacity, or recorded through misrepresentation, you can sue to set aside the conveyance and seek damages. For supernatural forgery (a signature not yours) or identity fraud, filing a quiet title claim plus fraud and/or rescission claims is common. Prompt action preserves remedies and remedies may include rescission of the transfer and monetary damages.
5. Injunctive relief and lis pendens
If a challenged sale is pending or a buyer threatens further transactions, you may seek a temporary restraining order or preliminary injunction to stop transfers or sales pending resolution. Additionally, filing a lis pendens (notice of pending litigation) with the county recorder can warn prospective buyers about the dispute and protect your claim to the property while litigation proceeds. You should consult an attorney before filing a lis pendens because improper use can expose you to liability.
6. Damages for breach of fiduciary duty, conversion, or related torts
If the co‑owners had a fiduciary relationship (for example, business partners or co‑trustees) or the sale involved intentional wrongdoing, you may pursue claims for breach of fiduciary duty, conversion (wrongful interference with property), unjust enrichment, or fraud to recover monetary damages in addition to, or instead of, title remedies.
7. Title insurance claims
If you have title insurance and an insured risk produced the unauthorized sale or a cloud, you may have a claim against your title insurer for defense or indemnity. Review your policy and notify the title company quickly; many policies impose prompt notice requirements.
8. Practical consequences when a third-party buyer is involved
A buyer who purchases a co‑owner’s interest may obtain title only to that seller’s share. If the buyer recorded a deed and qualifies as a good‑faith purchaser for value without notice of your rights, certain protections may apply. However, an improperly executed deed that purports to convey the entire estate can usually be attacked in court. The outcome depends on recording law, whether the buyer had notice of existing co‑ownership, and whether the deed was forged or fraudulent.
9. Timeliness and statute of limitations
Different claims carry different Arizona statutes of limitation. For example, claims based on fraud, forgery, or to quiet title have time limits that vary by claim. Act promptly; delays can bar legal remedies. See general Arizona statutes and consult counsel for applicable deadlines: A.R.S. Title 12 (civil procedure and limitation provisions).
10. How courts typically decide
Courts will examine recorded instruments, chain of title, evidence of signatures, the seller’s actual ownership interest, notice to the buyer, and facts about any fraud or misrepresentation. If a transfer involved a co‑owner’s share only, courts usually preserve that co‑owner’s rights and either order partition or quiet title remedies to correct the record.
When to talk to an attorney
Because remedies depend on exact facts (what the deed said, who signed, whether the buyer was a good‑faith purchaser, whether a trust or partnership exists, and timing), consult a licensed Arizona real property attorney to evaluate the deed, title records, and documentary evidence. An attorney can advise whether to pursue quiet title, partition, injunctive relief, or damages and can prepare and file the correct pleadings.
Disclaimer: This article provides general information about Arizona law and is not legal advice. It does not create an attorney‑client relationship. For advice about your situation, consult a licensed Arizona attorney.