Kansas: Remedies When a Co-Owner Sells Property Without Your Agreement

If one co-owner of real property in Kansas conveys or attempts to convey the entire property without the other co-owner’s agreement, the non-consenting co-owner still has several civil remedies. Which remedy is best depends on how title is held (tenancy in common vs. joint tenancy), whether signatures were forged, whether the buyer paid value and recorded the deed, and whether the sale was the result of fraud or misuse of authority. The summary below explains the typical legal paths a co-owner can pursue and practical next steps.

Key legal principles (simple overview)

• Co-owners holding as tenants in common each own a divisible share. One co-owner cannot unilaterally transfer another co-owner’s share. A purchaser from one co-owner generally takes only that co-owner’s share, not the whole property.
• If title is held as joint tenants with right of survivorship, different rules apply at death; but an individual still cannot transfer another living joint tenant’s interest without that tenant’s signature.
• If the deed was forged or procured by fraud, the deed can be challenged and set aside.

Primary civil remedies in Kansas

1. Quiet title / action to determine title. File a civil action to declare that your title remains intact and to remove a cloud on title caused by the unauthorized deed. Kansas state courts hear actions to try title and related claims. Removing the cloud can clear the record so future sales are not impeded.
2. Cancellation or rescission of deed obtained by fraud or forgery. If the conveyance was based on forgery, false documents, or fraud, you can ask the court to cancel the deed and return the parties to their prior positions. Forgery can also be reported to law enforcement for criminal prosecution while you pursue the civil remedy.
3. Partition action (divide or force sale). A co-owner can ask the court to partition the property. The court may divide the land physically (in kind) if feasible, or order a sale and divide the proceeds among co-owners according to their shares. Partition is commonly used when co-owners cannot agree on continued joint ownership.
4. Injunctive relief and TROs. If a sale or transfer is about to close, or a third party is about to take possession, you can ask the court for a temporary restraining order or preliminary injunction to stop conveyance or transfer of possession while the court resolves title disputes.
5. Damages for wrongful acts. If a co-owner breached a fiduciary duty (in certain ownership arrangements), committed conversion, trespass, or fraud, you can seek money damages in addition to equitable relief.
6. Quiet title plus market remedy for buyer who purchased only the seller’s share. Where a buyer paid value and obtained only the seller’s interest, the buyer’s rights are limited to that interest. You can seek a declaratory judgment clarifying that the buyer acquired only the seller’s fractional interest and does not have full title.

Kansas statutes and where to look

Kansas law provides the procedures for actions affecting real property title and for partition suits in the civil procedure statutes. For the statutory framework governing actions related to title and partition, see the Kansas statutes on civil actions (Chapter 60). The Kansas Revisor of Statutes publishes the current text online; for Chapter 60 (actions affecting title, partition procedures and related remedies) see: https://www.ksrevisor.org/statutes/chapters/ch60/

Because statutory and case law can change, an attorney in Kansas can point to the specific statute sections and recent decisions most on point to your situation.

Typical timeline and practical steps to take right away

1) Preserve documents and evidence: copy the recorded deed, your deed or title documents, any communications, closing statements, powers of attorney, and any evidence of fraud or misrepresentation.

2) Check the register of deeds: determine exactly what was recorded (and when). A recorded deed generally gives notice to the world, but it does not necessarily defeat a co-owner’s claim to their undivided share.

3) Send a written demand: ask the seller and buyer to stop any further transfers and to refrain from taking possession. A demand letter sometimes prompts a negotiated resolution or settlement.

4) Consider emergency relief: if another party is about to take title or possession, ask a Kansas court for a temporary restraining order or preliminary injunction.

5) File a quiet-title or partition action: if negotiation fails, file suit to clear title, cancel a fraudulent deed, or force a partition sale.

6) Talk to a Kansas real estate litigator: local counsel can advise which cause of action is strongest, prepare pleadings referencing the precise Kansas statutes and cases, and represent you in court.

Hypothetical example (illustrative)

Two neighbors, Alice and Bob, own a vacant lot as tenants in common (50% each). Without Bob’s knowledge, Alice signs a deed transferring the entire lot to Carol and records it. Carol pays value at closing and records the deed.

What Bob can do: Bob can (a) bring an action to quiet title to declare that Carol received only Alice’s 50% share and that Bob still owns his 50% interest; (b) seek cancellation of the deed if Alice’s signature was forged or procured by fraud; (c) file a partition action asking the court to sell the lot and divide proceeds 50/50; and (d) seek injunctive relief if Carol is trying to oust Bob from possession. The court’s remedy will depend on evidence of fraud, the nature of the transfer, and whether a sale in kind is possible.

Costs, likely outcomes, and timing

Court actions (quiet title, cancellation, partition) take time and involve filing fees, service costs, and attorney fees. If you win a quiet title or cancellation, the deed that wrongfully claimed the property will be invalidated or reformed and the record cleared. If the property is partitioned and sold, you will get your share of sale proceeds. If the deed involved forgery or statutory violations, you may also recover damages and costs.

Statutes of limitation and local procedural rules can affect your options, so act promptly.

When a buyer paid good value and recorded — special considerations

A bona fide purchaser who paid value and recorded may have defenses to claims by third parties, but a purchaser generally does not obtain an interest greater than what the seller actually owned. If the buyer acquired only the seller’s share, that limits the buyer’s rights against a co-owner who did not transfer their interest.

Helpful Hints

• Act quickly: title disputes can become harder to fix over time.
• Record and preserve all documentation: deeds, title insurance policies, closing statements, emails, texts, and letters matter.
• Do not physically confront purchasers or attempt a self-help eviction; seek court orders instead.
• Get a title search or work with a title company to map the chain of title before filing suit.
• Consider mediation or negotiation if both sides want to avoid litigation costs.
• Ask your attorney about temporary relief (TROs/injunctions) to protect possession and prevent further transfers while the dispute is resolved.
• Keep an eye on deadlines; statutes of limitation and local rules can bar claims if you wait too long.