Disclaimer: This is educational information only and not legal advice. If you face a real dispute, contact a Connecticut attorney promptly to discuss your options.
Detailed Answer — Legal remedies for a co-owner when another co-owner sells the property without agreement (Connecticut)
When two or more people own real estate together in Connecticut, each owner normally holds an undivided share. The remedies available after one co-owner sells the property (or a portion of it) without the other co-owner’s agreement depend on what actually happened: whether the sale transferred only the selling co-owner’s share, whether the deed was forged or obtained by fraud, or whether some fiduciary or statutory duty was violated.
Key principles:
- Each co-owner generally may convey their own share. A purchaser who receives only the selling co-owner’s share becomes a co-owner with the remaining owners, not the sole owner of the whole property.
- A deed that was forged, obtained by fraud, or executed by someone who lacked authority can often be set aside by a court.
- Connecticut law provides a statutory remedy called an action for partition. The court can divide the property physically (partition in kind) or order a sale and divide the proceeds among the owners. See Conn. Gen. Stat. § 52-495 for the partition process: https://www.cga.ct.gov/current/section/52-495.htm.
Common remedies a co-owner can pursue
- Seek partition (divide or sell the property)
If the co-owner wants to end the shared ownership, they can bring a partition action under Connecticut law. The court will usually prefer a physical division when feasible. If a fair physical division is impractical, the court orders a sale and divides the sale proceeds according to each owner’s share. See Conn. Gen. Stat. § 52-495: https://www.cga.ct.gov/current/section/52-495.htm.
- Ask the court to set aside or rescind the conveyance
If the deed was forged or procured by fraud, undue influence, or lack of capacity, a co-owner can ask the court to void that deed and restore the co-owner’s rights. Proof of forgery or clear fraud may lead to cancellation of the improper conveyance and, in many cases, damages.
- Request injunctive relief
When a sale or further transfers are imminent and irreparable harm is likely, a co-owner can seek a temporary restraining order or injunction to stop transfer, sale, or recordation until the court resolves the dispute. Timing is critical for this remedy.
- Pursue an accounting, equitable remedies, or constructive trust
If the sale involved misconduct (for example, one owner took proceeds they weren’t entitled to), a court can impose equitable remedies such as an accounting of rents and profits, disgorgement of wrongful gains, or a constructive trust over proceeds that should belong to the innocent co-owner.
- File a quiet title action or claim to cloud on title
If the co-owner wants to clear the record so title is free of the defective conveyance, they can file a quiet title action or other claims that remove a cloud on title created by the wrongful deed.
- Bring claims for damages (fraud, conversion, breach of fiduciary duty)
If the seller owed the co-owner a fiduciary duty (for example, in a business joint venture) or engaged in fraud or conversion, the injured co-owner can seek money damages as compensation.
What the buyer gets — and what they cannot do
A buyer who legitimately purchases only a seller’s undivided share receives that ownership interest. That buyer cannot, by virtue of purchasing a single co-owner’s share, force the other co-owner from the property without a partition. If the buyer knew of a fraud or participated in wrongdoing, the buyer’s rights may be limited and subject to challenge in court.
Practical factors courts consider
- Whether the disputed deed was genuine or fraudulent.
- The type of co-ownership (tenants in common vs. joint tenancy).
- Whether a co-owner acted in bad faith or violated a duty to the other co-owner(s).
- Whether physical partition is feasible or whether sale is the only fair remedy.
Immediate steps a co-owner should take
- Gather documents: copies of deeds, recorded instruments, title search showing chain of title, mortgage or lien documents, and any communications about the sale.
- Do a title search or obtain a preliminary title report to confirm what interest was transferred and whether the sale was recorded.
- Preserve evidence of fraud or improper conduct (emails, texts, witness statements, copies of the purported deed).
- Contact a Connecticut real estate attorney quickly. Some remedies require prompt action to preserve rights and meet court deadlines.
- Consider asking counsel about emergency relief (injunction) if a further sale or transfer is pending.
Costs, timeline, and likely outcomes
Partition actions and claims to set aside deeds are litigated in Connecticut Superior Court and can take months to years. Partition generally results in either physical division or sale and division of proceeds. Actions to void fraudulent deeds can also end in cancellation of the deed and damages. Litigation costs, court fees, and attorneys’ fees vary. Because outcomes depend on the facts (type of deed, proof of fraud, buyer’s knowledge), an attorney should evaluate the documents and advise on probable results.
Helpful Hints
- Know your ownership type. Ask or check whether title was held as tenants in common or joint tenants; the remedy and strategy can differ.
- Look at the recorded deed. Recording does not always make a deed valid if it was obtained by fraud or forged.
- Act fast. If a wrongful transfer is being recorded or money has moved, seek legal advice quickly to preserve injunctive remedies.
- Document everything. Keep any communication, offers, or documents related to the sale.
- Partition is not always the cheapest solution. Discuss possible buyouts or negotiated settlements with the buyer or co-owner before litigating.
- Ask your attorney about placing a notice of pendency (lis pendens) or seeking an emergency restraining order to protect the property while the dispute is resolved.
- Expect the court to divide proceeds according to each owner’s interest if sale is ordered; be prepared for appraisal and sale costs.
If you want help finding a Connecticut attorney who handles co-ownership, partition, title disputes, or fraud claims, a local bar association or lawyer referral service can connect you with counsel in your area.