What options does a co-owner have if another co-owner sells property without consent?

Short answer: In California, a co-owner cannot transfer another co-owner’s ownership interest without authorization. If a deed or sale purports to convey more than the selling co-owner actually owned, the nonconsenting co-owner has several civil remedies: challenge or cancel the deed (quiet title/cancellation), seek a partition action (divide or force sale), ask a court for equitable relief (constructive trust, accounting, injunction), and pursue damages for fraud or related torts. Criminal fraud or forgery remedies may also be available if the transfer involved deceit or forged documents. This is a summary for educational purposes only—not legal advice.

Detailed answer — legal remedies under California law

Co-ownership in California usually takes one of two forms: tenancy in common or joint tenancy. Either way, one co-owner may not convey another co-owner’s interest without that person’s signature or legal authority. If a purported sale appears to have transferred title to the entire property (or more than the selling co-owner actually owned), the nonconsenting co-owner should consider the following remedies.

1) Immediate document review and records search

First, obtain certified copies of the recorded deed, grant deed, or other instruments from the county recorder. Confirm what interest was actually conveyed and whether the deed appears forged or contains false signatures. Look for recorded liens, mortgages, or subsequent transfers.

2) Quiet title / cancellation of deed

If the recorded deed is incorrect or fraudulent, the nonconsenting co-owner can file an action to quiet title or to cancel or reform the deed. A quiet title action asks the court to declare who legally owns the property and to remove cloud(s) on title created by an improper conveyance. California’s civil procedure for real property disputes is generally found in the Code of Civil Procedure (see the Code of Civil Procedure on the California Legislative Information site: https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=CCP).

3) Partition action

If the co-owners cannot agree on keeping or dividing the property, any co-owner may ask the court for a partition. The court can physically divide the parcel (in kind) when feasible or order a sale and divide the proceeds among the owners according to their shares. Partition actions are addressed by California civil procedure and court rules governing real property division; you can read about partition actions and procedures through California court resources and the Code of Civil Procedure (see: California Code of Civil Procedure).

4) Equitable remedies: constructive trust, accounting, and injunction

If a purchaser or the selling co-owner obtained title through fraud or unjust enrichment, a court may impose a constructive trust over proceeds or the property so that the nonconsenting co-owner’s interest is protected. The court can also order an accounting (to determine profits or losses) and issue an injunction to prevent further transfers while the dispute is pending.

5) Damages for fraud, conversion, or related torts

The nonconsenting co-owner may be able to sue for monetary damages if the sale involved fraud, forgery, conversion, or intentional interference with ownership rights. Remedies can include compensatory damages and, in some cases, punitive damages when conduct was malicious or fraudulent.

6) Lis pendens and notice to buyers

Filing a notice of pendency of action (lis pendens) in the county recorder’s office can warn potential buyers and cloud the title while the dispute is litigated. Because lis pendens procedures and requirements are technical, they should be used only after consulting a lawyer to avoid exposing yourself to liability for an improper filing.

7) Criminal remedies

If the conveyance involved forgery, perjury, or other criminal wrongdoing, the nonconsenting co-owner can report the conduct to law enforcement. Prosecutors may pursue criminal charges for forged signatures, false documents, or fraud. Criminal prosecutions proceed separately from civil claims.

How the remedy is chosen

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The choice of remedy depends on facts such as whether the deed was forged, whether the buyer was a bona fide purchaser for value, the relative ownership shares, and whether the goal is to keep the property or get money. A few common fact-based scenarios:

• If a co-owner purported to sell the entire property but only owned a partial share: quiet title and cancellation of the deed is common.
• If co-owners want to stop an imminent sale by a co-owner (or sale proceeds are at risk): seek an injunction and file a lis pendens while pursuing quiet title or partition.
• If co-owners cannot agree on continued ownership: file for partition (division or forced sale) under California civil procedures.
• If the sale involved forgery or fraud: pursue both civil remedies (rescission, damages, constructive trust) and report the matter to law enforcement.

Practical steps to take right away

1. Obtain copies of the recorded deed and any related documents from the county recorder’s office.
2. Preserve evidence: correspondence, emails, title insurance policies, and signed documents.
3. Contact a real estate or litigation attorney experienced with co-ownership disputes—these cases are detail-sensitive and involve both statutory and equitable relief.
4. Consider immediate court action if a final transfer is imminent—injunctive relief or lis pendens can protect your interests while the court decides the merits.
5. If you believe fraud or forgery occurred, consider contacting law enforcement in addition to pursuing civil remedies.

Helpful links — California statutes and resources

• California Code of Civil Procedure (real property and civil actions): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=CCP
• California Civil Code (general property law): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=CIV
• California Courts — self-help and civil procedure resources (search for partition, quiet title, and lis pendens): https://www.courts.ca.gov/selfhelp.htm

Helpful Hints

• Act quickly. Title disputes often become harder to resolve after additional transfers or liens are recorded.
• Keep all originals and copies of documents, communications, and proof of ownership contributions (payments, improvements, property tax records).
• If you have title insurance, contact your title insurer immediately — they may defend against or indemnify certain claims.
• Do not rely on informal agreements. A written record (deed, written agreement) signed by all co-owners reduces disputes.
• When in doubt, get legal advice. Co-ownership and real property disputes involve both statutory and equitable remedies that are fact-specific.

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