Detailed Answer

Short answer: In Indiana, a co-owner who believes a co-owner sold jointly owned property without authorization can challenge the sale and pursue several remedies: ask a court to set the sale aside for fraud/forgery, file a quiet-title or declaratory-judgment action, seek a partition (forcing sale and division of proceeds), obtain injunctive relief, or pursue damages. Which remedy applies depends on the ownership type, what actually happened at the closing, whether the deed was recorded, and whether the buyer was a bona fide purchaser.

How co-ownership works in Indiana (basic concepts)

Two or more people can own real property together in different ways. The most common forms are tenancy in common and joint tenancy. Each co-owner has an undivided interest in the whole property. No single co-owner generally can convey the whole property free of the other co-owner’s interest unless the other owner agreed or the co-owner had legal authority to act for them (for example, as an agent under a valid power of attorney).

Common factual situations

• One co-owner signs and records a warranty deed conveying the whole property to a buyer without the other co-owner’s signature or consent.
• A deed is signed but the signature of the non-consenting co-owner was forged or obtained by fraud.
• A co-owner sells their own fractional undivided interest to a third party, and that purchaser records a deed.

Key remedies under Indiana law

1. Request an injunction or temporary restraining order

   If a sale is pending or a deed was recently recorded but you can show immediate and irreparable harm, you can ask a court for temporary relief to stop transfers of proceeds or further conveyances while the dispute is resolved.

2. Quiet title or declaratory judgment

   If a buyer claims title, you can ask the court to declare who holds legal title and to cancel a deed obtained by fraud or forgery. A successful quiet-title action can clear the record and restore your ownership rights.

3. Set aside the conveyance for fraud, forgery, duress, or lack of capacity

   If the non-consenting co-owner’s signature was forged, obtained by misrepresentation, or given under duress, you can ask a court to rescind the deed and award damages. Collect any evidence (documents, witness statements, communications) that show fraud or forgery.

4. Partition action

   A co-owner may file an action for partition to force the property’s division or sale and allocate proceeds among co-owners. Partition can be either physical (dividing the land) or by sale with proceeds divided. Partition resolves ownership disputes even when co-owners do not agree. See Indiana property statutes at the Indiana General Assembly: Indiana Code Title 32 (Property).

5. Damages and other monetary relief

   If a co-owner wrongfully converted property or otherwise caused a financial loss, the harmed owner can seek compensatory damages, restitution, and sometimes punitive damages depending on the conduct.

6. Title insurance and lender remedies

   If title insurance covered the buyer, the title company may try to resolve the dispute or pay claims. If the unauthorized sale affected a mortgage or lender, lenders may also have contractual or equitable remedies.

Practical steps to take right away

• Do a title search at the county recorder to see whether the deed was recorded and to identify the buyer and any liens.
• Preserve evidence: keep communications, copies of deeds, closing documents, emails, texts, and witness information.
• Place a lis pendens or ask your attorney to do so once you file suit; this puts the world on notice of your claim and can deter further transfers.
• Contact the title company and lender (if any) to report suspected fraud.
• Consider emergency court relief if a sale is imminent or proceeds will disappear.

Timing and defenses the buyer may raise

Outcomes turn on when the deed was recorded, the buyer’s knowledge and good faith, and whether the buyer paid value. A buyer who purchased in good faith and without notice of problems may receive stronger protection. If a deed was recorded, undoing the conveyance can still be possible, but it often requires court action and proof of fraud, forgery, or other invalidating facts.

Where to start in Indiana

File actions in the county where the property sits. Indiana courts provide self-help information and forms that can explain procedures in plain language: Indiana Courts – Self-Help. For statutory background on property and partition matters, see the Indiana Code, Title 32 (Property): https://iga.in.gov/laws/2024/ic/titles/032.

Example (hypothetical)

Jane and Carlos own a house as tenants in common. Carlos signs a deed alone and transfers the whole house to Buyer A. Jane did not sign, and the signature on the deed looks forged. The deed was recorded. Jane can: (1) immediately hire counsel and file a quiet-title action and a request for temporary injunctive relief; (2) ask the court to rescind the deed for forgery; (3) assert a partition if she prefers the property sold and proceeds divided; and (4) seek damages against Carlos for wrongdoing. The court will examine evidence, and if forgery is proved it can cancel the recorded deed and restore Jane’s interest or order other relief.

Disclaimer

This article explains general legal concepts under Indiana law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Indiana attorney.

Helpful Hints

• Gather all ownership documents, prior deeds, wills, powers of attorney, and closing paperwork before meeting an attorney.
• Check the county recorder’s online index quickly — timely action matters if buyers claim good-faith purchase.
• Act fast if you suspect fraud: seek a temporary restraining order or lis pendens to protect the property or proceeds.
• Keep a written chain of events and preserve electronic messages; prosecutors or civil courts often rely on contemporaneous evidence.
• If you have title insurance, contact the title company right away — they may help resolve or defend the claim.
• Expect litigation over disputed sales to take months; partition or quiet-title suits have their own timelines and costs.
• Ask any prospective attorney about experience with Indiana partition cases, quiet-title litigation, and real-estate fraud.