Understanding Your Legal Remedies When a Co-Owner Sells Property Without Your Agreement (Georgia)

Quick summary: If a co-owner sold real property or their share without your agreement, Georgia law gives you several common remedies: challenge the validity of the sale, seek a partition of the property (division or sale and distribution of proceeds), and obtain temporary injunctive relief or damages in some situations. Which remedy applies depends on how title was held, whether the deed or signature was forged or fraudulent, whether the buyer was a bona fide purchaser, and the exact facts. This article explains the typical options, relevant Georgia law, and practical next steps.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Georgia attorney.

1. First step: identify how title is held

Before pursuing any remedy, confirm how you and the other person hold title. Common forms of co-ownership include:

Tenancy in common: each owner has a distinct share that they may sell or transfer without the other owners’ consent.
Joint tenancy with right of survivorship: owners share equal interests and a right of survivorship; one joint tenant can often transfer their interest but may affect the survivorship right.
Title held through an entity (LLC, partnership, trust): transfers may be governed by the entity’s governing documents or fiduciary duties.

Check the deed recorded in the county where the property is located. The deed’s language usually tells you whether title is joint tenancy, tenancy in common, or something else.

2. Key remedies under Georgia law

a) Partition action (divide or force sale)

If you and the other owner cannot agree, you can ask a court to partition the property. Under Georgia law, a partition action can result in either a physical division (partition in kind) or sale of the property with the proceeds divided among owners. The Georgia statutes that govern partition actions are located in Title 44 (Property) of the Georgia Code; the partition provisions are commonly cited as O.C.G.A. §§ 44-6-160 et seq. (see Georgia Code, Title 44: Property): https://www.legis.ga.gov/georgia-code/title-44-property.

What to expect in a partition action:

The court will consider whether the land can be fairly divided. If not, the court typically orders a sale and splits proceeds among owners according to their ownership shares.
Costs of the action and necessary expenses (surveys, commissions) are usually charged against the proceeds.

b) Challenging the sale or deed (fraud, forgery, lack of authority)

If the deed was forged, signed under false pretenses, executed by someone without authority, or obtained through fraud, you can ask the court to set aside the conveyance. Remedies include a quiet title action to clear the cloud on title and a claim to void the deed. If a signature was forged or the deed was procured by fraud, Georgia law and Georgia courts allow actions to cancel the deed and restore title to the rightful owner.

c) Injunctive relief (temporary restraining order or preliminary injunction)

If a sale is pending or the buyer threatens to dispossess you, you may seek emergency equitable relief from a court to stop a pending transfer or eviction. An injunction can preserve the status quo while the court decides the underlying dispute.

d) Damages and other claims

Depending on the facts, you may also have claims for:

Breach of fiduciary duty or breach of an ownership agreement (if co-owners had a partnership-like relationship or written agreement).
Conversion or unjust enrichment if someone improperly took possession or derived profits from the property.
Criminal remedies (forgery or fraud) — report to law enforcement when criminal conduct is suspected.

e) Effects of a buyer who claims to be a bona fide purchaser

Whether you can undo the sale may depend on whether the buyer was a bona fide purchaser for value without notice and whether they recorded the deed. Georgia recording rules determine priorities for competing claims. For general reference, see Georgia Code, Title 44 (Property): https://www.legis.ga.gov/georgia-code/title-44-property. Time limits and defenses can apply, so act promptly.

3. Typical sequence of actions a co-owner or neighbor might take

Obtain a certified copy of the recorded deed and the county recording information.
Confirm the exact interest the seller transferred and whether the buyer recorded the deed.
If forgery/fraud is suspected, contact local law enforcement and preserve evidence (emails, texts, witness statements).
Consult a Georgia real property attorney about filing a quiet title action, a petition to set aside the deed, a partition action, or an injunction.
File the appropriate civil action promptly to protect your rights and avoid statute-of-limitations problems.

4. Evidence you will need

Recorded deed and chain of title (from the county recorder).
Any written agreements between co-owners (partition, buy-sell, LLC operating agreement).
Communications (emails, letters, texts) about the sale or transfer.
Witness statements, receipts, or photos showing possession or use.
Financial records if you will seek accounting or damages.

5. Time limits and urgency

Statutes of limitation and equitable defenses can bar claims if you wait too long. If a deed looks forged or a buyer may claim to be a good-faith purchaser, seek legal advice immediately. For partition and quiet title claims, acting promptly preserves remedies and evidence.

6. Helpful hints

Check the recorded deed first—who signed it and how the title was described.
If you still live in the property or occupy it, document interference (photos, dated notes) in case you need to resist eviction or claim damages.
Do not try to force entry, remove someone, or engage in self-help evictions — Georgia law generally forbids self-help and such actions can lead to criminal or civil liability.
If the sale is part of an estate, trust, or foreclosure process, special rules can apply. Get counsel with experience in the right sub-area (probate, trust, foreclosure, real property).
Preserve original documents. Request certified copies from the county recorder if you don’t have originals.
Ask whether title insurance applies; a title insurer may defend against a bad title claim for covered issues.

7. When to call an attorney

Consider calling a Georgia real property attorney if any of the following are true:

A deed appears forged or fraud is suspected.
A buyer is trying to evict you or take possession.
You want to force a sale or division of the property.
Co-owners disagree and negotiations have failed.

An attorney can evaluate recorded documents, advise on urgent filing deadlines, draft pleadings to protect your rights, and represent you in court.

8. Key Georgia statutes and resources

Relevant portions of Georgia law governing property, partition, and recording are in Title 44 (Property) of the Official Code of Georgia Annotated. Official Georgia code pages: https://www.legis.ga.gov/georgia-code/title-44-property. Partition actions are covered in the partition provisions of Title 44 (commonly cited as O.C.G.A. §44-6-160 et seq.). For county-specific recording rules and procedures, consult the county recorder/clerks’ website where the property is located.

Takeaway

If a co-owner sold property or an interest without your consent, Georgia law offers multiple paths: ask a court to partition the property, challenge a fraudulent or forged deed, seek injunctive relief, and pursue damages where appropriate. Which route fits depends on title type, the buyer’s status, and the facts. Act quickly and consult a Georgia real property attorney to preserve your rights.