Short answer

In Idaho, your remedies depend on what the deed actually says, how title is held, and whether the sale was fraudulent or legitimate. If the seller conveyed only their own undivided interest, the buyer takes that interest but not your share. If the deed or sale involved fraud, forgery, or a false claim of ownership, you can pursue remedies including a quiet title or declaratory judgment, an action for fraud or conversion, imposition of a constructive trust, or a partition action to force sale or division. You can also seek injunctive relief if the sale is pending. Consult a local attorney promptly — timing and paperwork matter.

Detailed answer — key concepts and likely legal actions

1. First, identify how title is held

Whoever appears on the recorded deed holds whatever interest that deed grants. Common forms of ownership are:

• Tenancy in common — Each owner has an undivided fractional interest and may sell or transfer only their own share without others’ consent.
• Joint tenancy — Typically includes right of survivorship. Whether a joint tenant can unilaterally sever the joint tenancy (and thus sell their share) depends on how documents were drafted and recorded.

If a co‑owner sells, most often the co‑owner could legally convey only the interest they actually own. A buyer who purchases only the seller’s share does not become sole owner of the entire parcel unless the buyer acquires additional interests.

2. Common remedies when a co-owner sells without your agreement

Depending on the facts, an Idaho co‑owner can pursue one or more of the following legal actions:

• Quiet title / declaratory judgment: Ask the court to declare who owns what interest and to clear any disputed or clouded title. This is the usual remedy when there’s a dispute about whether a deed actually transferred the entire property or only a fractional share.
• Partition action: File for partition to physically divide the property (partition in kind) or to force a court-ordered sale and split proceeds among co‑owners. Partition is a common, statutory remedy when co‑owners cannot agree on use or disposition of property. (See Idaho statutes and civil procedure resources for partition procedures.)
• Fraud / rescission and damages: If the sale involved false representations, forged signatures, or other fraud, you can ask the court to rescind the deed (undo the sale) and seek money damages from the fraudulent party.
• Constructive trust / equitable relief: If the buyer received title through wrongdoing, a court may impose a constructive trust over the buyer’s interest so the property (or its value) is returned to the rightful owners.
• Injunctive relief: If a sale is pending (for example, a closing not yet recorded) you may ask for a temporary restraining order or injunction to stop the transfer while the court resolves the dispute.
• Quieting clouds on title or slander of title actions: If someone records false documents that cloud your title, you can ask the court to remove those clouds and recover related damages.
• Title insurance / lender remedies: If you or the other owners had title insurance, the insurer might defend title or pay claims depending on policy terms.

3. Typical outcomes

Outcomes vary by case. Typical results include:

• Buyer keeps only the seller’s fractional interest; co‑owner keeps their interest.
• Court orders partition and either physically divides property or orders a sale and splits proceeds.
• If fraud is proven, deed may be voided or the buyer/ seller ordered to reimburse or convey interest back.

4. Evidence you’ll need

Collect these items early:

• Recorded deeds and chain of title (county recorder’s office).
• Original or recorded copy of the alleged sale deed.
• Any written agreements among co‑owners (partnership, oral agreements reduced to writing, buy‑sell agreements).
• Communications (emails, texts, letters) showing intent, consent, or fraud.
• Title insurance policy (if any) and lender documents.

5. Timing and practical considerations

Act quickly. Once a deed is recorded, consequences can be harder to reverse, and purchasers may claim good‑faith acquisition. If fraud or forgery is involved, prompt court action and law enforcement contact are often necessary. If the buyer paid valuable consideration and recorded, the court may be less likely to void the transfer without strong proof of wrongdoing.

Relevant Idaho law and resources

Idaho statutes and case law govern partition, quiet title, and remedies for fraud. For primary statutory materials and to research the exact statutory language, start at the Idaho Legislature’s statutes page:

• Idaho Statutes — Idaho Legislature

Partition and civil procedure rules applicable to property disputes are found in Idaho law and court rules; a lawyer or title professional can point to the exact sections that matter for your situation.

Helpful hints — practical steps to protect your rights

1. Check the county recorder’s office online for the recorded deed and chain of title immediately.
2. If you suspect forgery or fraud, contact local law enforcement and preserve all evidence.
3. Talk to a real estate attorney experienced with co‑owner disputes and partition actions in Idaho as soon as possible.
4. Consider whether buying out the other interest or negotiating a sale is a faster, cheaper option than litigation.
5. If you have title insurance, contact the insurer right away — there may be coverage or defense obligations.
6. Avoid self-help (locking out the buyer, removing people from the property) — that can create legal exposure. Use the court to resolve disputes.
7. Keep records of payment history, maintenance, tax payments, and improvements — these help in equitable accounting or partition valuation.

When to talk to an attorney

Get legal advice if any of the following apply:

• You find a recorded deed transferring all title to someone who was not authorized to sell.
• You believe signatures were forged or facts were misrepresented.
• You want to pursue partition, quiet title, or injunctive relief.
• A lender or title insurer is involved and you need immediate protection of your rights.

An attorney can evaluate recorded documents, file the appropriate lawsuit (partition, quiet title, or fraud), request temporary relief from the court, and advise whether settlement or litigation is the better path.