Detailed Answer
Short answer: Your available remedies in Kentucky depend on how title is held, what the seller actually conveyed, and whether the deed or signatures were forged or obtained by fraud. Common remedies include a partition action (asking the court to divide or sell the property), a quiet-title action (to clear ownership), an action to set aside a deed for fraud/forgery, injunctions to stop a pending sale, and monetary damages. You should gather ownership documents and consult a Kentucky real property attorney promptly.
How ownership form matters
Understanding the form of co-ownership is the first step:
- Tenancy in common: Each co-owner owns an undivided share and may sell or transfer only their own share without the others’ consent. A sale by one owner transfers only that owner’s share, not the co-owners’ shares or exclusive possession of the entire property.
- Joint tenancy: Joint tenants hold equal shares with a right of survivorship. One joint tenant can generally transfer their share, but transfer typically severs the joint tenancy as to that share and converts it into a tenancy in common.
- Tenancy by the entirety (married couples): In many jurisdictions a spouse cannot unilaterally convey entire-title property held by the entirety. If the property is held this way in Kentucky, a spouse’s unilateral conveyance may be invalid as to the other spouse.
Common legal remedies in Kentucky
Below are the typical legal options when a co-owner sells property without an owner’s agreement:
- Determine what was actually conveyed. If the seller only had their undivided share, the buyer gets that share. That buyer does not automatically acquire full ownership or exclusive possession of the whole parcel.
- Quiet title or declaratory judgment. If a third party claims title based on a sale, you can file a quiet-title or declaratory judgment action to resolve who owns the property. This removes clouds on title and confirms legal ownership.
- Partition action (divide or force sale). A co-owner can ask the court to partition the property. Kentucky law provides procedures for partitioning real property so co-owners can either divide the land (partition in kind) or sell it and divide proceeds (partition by sale). Partition is a common remedy when co-owners cannot agree on use or disposition. See Kentucky’s statutes on partition for procedural rules and requirements.
- Set aside deed for fraud, forgery, or lack of authority. If the deed was forged, signed under duress, or obtained by fraud, you can ask a court to void the deed and restore title. Forgery is also criminal; you may pursue a criminal complaint in parallel.
- Injunctions and temporary relief. If a sale or transfer closing is pending, you can seek a preliminary injunction or temporary restraining order to stop the sale until the court resolves ownership or fraud allegations.
- Damages and accounting. If the wrongful sale caused financial loss, you may be able to recover damages, an accounting of rents and profits, or compensation for unauthorized use of your share.
- Recording and notice issues. Check the county’s deed records. If the deed attacker failed to record properly, later purchasers may be affected by Kentucky recording rules. Proper recording and lien searches are important for protecting title.
Typical process and practical steps
- Obtain and review the deed and deed history at the county clerk/recorder. Confirm how title is held (tenancy in common, joint tenancy, or tenancy by the entirety).
- Check whether the deed was recorded and whether the signature was notarized. Photocopy or download official documents.
- If you suspect forgery or fraud, contact local law enforcement to report the crime and preserve evidence.
- Consider filing a quiet-title action or a partition action quickly to protect your rights. If a closing is scheduled, ask a court for injunctive relief to stop it.
- Hire a Kentucky real property attorney to review title, prepare pleadings, and represent you in court. Timely legal advice preserves remedies and meets statute-of-limitations concerns.
Statutes and official sources
Kentucky statutes address partition and conveyances. For statutory language and procedure consult the Kentucky Revised Statutes and local court rules. Start with the Kentucky Legislature’s statutes pages for chapters addressing partition and conveyances:
- Kentucky Legislature — statutes search and code
- If you need the statutes on partition procedure, search the Kentucky Revised Statutes for the chapter on partition and the civil procedure chapter that applies to real property actions.
When a buyer claims they bought the whole property
A buyer who purchased from one co-owner commonly receives only that co-owner’s share unless the seller had the legal right to convey the entire property (for example, with power of attorney or as the sole owner). If the buyer now occupies or claims the entire parcel, you can:
- File a quiet-title action to clarify ownership.
- Seek a partition to end shared ownership or force sale.
- Challenge the deed if forged or produced by fraud.
Helpful Hints
- Start with the recorded deed: the county clerk’s office is often the fastest way to confirm who appears on title.
- Collect all documents: earlier deeds, mortgages, tax bills, wills, and communications between co-owners can be crucial evidence.
- Act quickly: courts may limit claims by statute of limitations, and buyers may obtain rights through possession or recording.
- If a signature looks forged, get a handwriting or notary verification and report the forgery to the police.
- Consider mediation or negotiation if co-owners can communicate; sometimes a negotiated buyout or sale avoids lengthy litigation.
- Record a lis pendens (notice of pending action) with court counsel when you file suit; it warns potential buyers that title is disputed and can discourage transfers until resolution.
- Don’t try to physically block access or forcibly remove someone; use legal processes to avoid criminal exposure.
Next steps: Gather title documents and speak with a Kentucky real property attorney. If you believe forgery or fraud occurred, notify law enforcement and preserve evidence. An attorney can advise whether to seek partition, quiet title, injunctions, or damages based on the facts.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in Kentucky.