What can a co-owner do if another co-owner sells the property without consent? — Arkansas guide

Short answer: In Arkansas, a co-owner whose interest was sold without his consent still has legal remedies. The injured co-owner can challenge the conveyance in court, seek partition (sale or division of the property), ask for an injunction, pursue a quiet-title action or damages for fraud or forgery, and record notices to protect his interest while a case is pending. Which remedy fits best depends on the ownership form, the facts of the sale, and whether a buyer acted in good faith.

Detailed answer — step-by-step explanation under Arkansas law

This section assumes a fact pattern common in co-ownership disputes: two or more people own land together (for example, as tenants in common or joint tenants) and one co-owner conveys or attempts to convey the property—either the entire parcel or the co-owner’s claimed interest—without the other co-owner’s agreement.

1. First determine the type of co-ownership

Ownership form matters. Arkansas recognizes common forms such as tenancy in common and joint tenancy. Tenants in common each own a separate share that can be conveyed without the others’ consent. Joint tenants have survivorship rights. Review the deed and chain of title to see how the owners hold title (look for language such as “as tenants in common” or “as joint tenants with right of survivorship”).

2. Was the sale of the co-owner’s interest valid?

Even when a co-owner transfers his own interest, the buyer generally gets only that co-owner’s share (not the other co-owner’s share) unless the buyer acquired title free of the other co-owner’s interest by virtue of fraud, a forged deed, or defective recording. If the deed to the buyer was forged, obtained by fraud, signed under duress, or otherwise void or voidable, the injured co-owner can sue to set aside the conveyance.

3. Immediate procedural protections: record, lis pendens, and injunction

Record your ownership: If you have a recorded deed, keep a certified copy available. Recording gives public notice and helps protect your interest against later purchasers.
Lis pendens: If you file a lawsuit attacking the sale or seeking partition, you (through your attorney) can record a lis pendens (notice of pending action) in the county land records to warn potential buyers. This makes it harder for the buyer to claim they were an innocent purchaser without notice.
Temporary injunction: If a sale is imminent (for example, the buyer is about to foreclose or take possession), you can ask the court for a temporary injunction to stop the sale while the court considers the merits.

4. File a partition action (common, practical remedy)

Arkansas law allows co-owners to ask the court to partition property when they cannot agree. A partition action forces a judicial division or sale of the property and then distributes proceeds according to each owner’s share. Partition can end co-ownership quickly and is often the practical solution if reconciliation or buyout is impossible.

Partition typically proceeds in one of two ways:

Partition in kind: the court divides the land into separate parcels if that division is fair and feasible.
Partition by sale: if the land cannot be fairly divided, the court orders a sale (often at public auction) and divides the proceeds among owners according to their shares.

Refer to Arkansas statutes governing partition in Title 18 (Property). See the Arkansas Code, Title 18: Property.

5. Quiet-title action (clear the record)

If the buyer or the selling co-owner claims full title and you dispute that claim, you can bring a quiet-title action to declare everyone’s rights to the property and clear cloud(s) on the title. A successful quiet-title judgment clarifies ownership and prevents further disputes over the same matter.

6. Challenge the conveyance for fraud, forgery, or lack of capacity

If the deed was forged, signed under fraud, signed by someone lacking capacity, or procured by misrepresentation, you can sue to void the deed and obtain damages. If forgery occurred, you may also seek criminal referral. If the buyer acted in bad faith or colluded with the selling co-owner, equitable remedies like rescission and damages may be available.

7. Accounting and damages

If the improper sale caused financial loss (for example, if income-producing property was taken and revenue diverted), you can seek an accounting and monetary damages from the co-owner who acted improperly and possibly from a buyer who knowingly participated in wrongdoing.

8. Effect on a buyer in good faith

A buyer who purchases a co-owner’s recorded interest without notice of problems generally takes that co-owner’s share, not the other owner’s share. However, if the buyer seeks to quiet title to the whole parcel or to protect themselves as an innocent purchaser, Arkansas courts will examine whether the buyer had notice (actual or constructive) of competing claims. Recording statutes and recorded instruments matter here—check recorded deeds and liens to see what notice the buyer could have had.

9. Time limits and statutes of limitations

Claims such as fraud, quiet-title actions, and claims to set aside a deed can have statutory deadlines. The sooner you act, the better. For many title disputes, prompt filing preserves remedies and evidence.

10. How a typical case might proceed (example)

Hypothetical facts: Alice and Bob are tenants in common. Bob secretly conveys “the property” to Carol and records the deed. Alice did not consent and did not sign. Alice discovers the recorded deed and files (1) a petition to quiet title and rescind the conveyance on grounds of fraud, (2) an alternative complaint for partition, and (3) a lis pendens and motion for temporary injunction to prevent Carol from selling or removing property during litigation. The court will review whether Bob validly conveyed his share, whether Carol was a bona fide purchaser, and whether partition is appropriate. If the deed is voided and partition ordered, proceeds go to the owners; if partition is impractical, the court orders a sale and divides proceeds based on ownership shares.

Key Arkansas statutory resources

Look to the Arkansas Code, Title 18 (Property) for statutory provisions on ownership interests, conveyances, and partition actions. For the full text and exact chapters, see the Arkansas Code — Title 18, Property: Arkansas Code — Arkansas Legislature (search Title 18). If you need statutes cited for court filings, an attorney or the title office can supply the exact section numbers and language relevant to partition and quiet-title actions.

Helpful hints

Act quickly. File suit and record notices as soon as you learn of an unauthorized conveyance.
Gather documents: original deed, chain of title, tax bills, mortgage records, communications with the co-owner and buyer, and any evidence of fraud or forgery.
Check recorded instruments: a recorded deed may not end your rights. Compare language, signatures, and notary acknowledgments to earlier documents.
Consider lis pendens and a temporary injunction to preserve the property during litigation.
Partition is a common solution when co-owners cannot agree. Be prepared to buy out the other owner or accept a court-ordered sale.
If you suspect forgery or criminal fraud, notify local law enforcement in addition to pursuing civil remedies.
Title insurance holders: if you have title insurance, contact your insurer promptly—there may be coverage for defects in title.
Consult an attorney experienced in Arkansas real property litigation early. Many remedies require precise procedure and strict deadlines.

Disclaimer: This article explains general principles of Arkansas property law for educational purposes only. It is not legal advice. Facts matter. Consult a licensed Arkansas attorney to evaluate your specific situation and to advise on deadlines, local rules, and strategy.