Legal Remedies for a Co-Owner When Another Owner Sells Without Consent

Disclaimer: I am not a lawyer. This article explains general Minnesota law and common remedies. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Minnesota attorney.

Quick overview

If one co-owner transfers real property without the other co-owner’s agreement, the purchaser usually receives only the selling owner’s interest—not the whole property. Minnesota law gives the non-selling co-owner several remedies. The right choice depends on the ownership form (tenants in common, joint tenants, tenancy by entirety), whether fraud or forgery occurred, and whether the purchaser recorded the deed.

Detailed answer: what you can do under Minnesota law

1. Confirm the ownership structure and the recorded deed

Start by checking the county recorder’s office for the recorded deed and the chain of title. The deed will show what interest the selling owner purported to transfer. A recorded deed that purports to convey the entire property may be defective if the seller only owned a share.

2. Understand what the buyer actually received

If a co-owner sells unilaterally, that co-owner can generally convey only the interest they actually own. For example, a tenant-in-common can sell her share, but she cannot convey another owner’s share. A buyer who takes only the selling owner’s share becomes a co-owner with the remaining owners. The buyer does not automatically obtain clear title to the entire property unless other problems (forgery, fraud, mistaken identity) exist.

3. Partition action (seek division or sale of the property)

The most common remedy for co-owners who cannot agree is a partition action. Minnesota law allows a co-owner to ask a court to divide the property physically (partition in kind) or, if division is impractical, to order a sale and divide the proceeds among owners. For the statute on partition actions, see Minnesota Statutes, chapter 558: https://www.revisor.mn.gov/statutes/cite/558.

A partition action accomplishes several goals: it forces an accounting of ownership shares, resolves who keeps what, and converts the real property dispute into money when physical division is impossible. Courts consider fairness and practicality when choosing between division and sale.

4. Quiet title / ejectment / cancellation of deed

If the deed is defective (forgery, fraud, lack of authority, fraud in the execution), a co-owner can file an action to quiet title or to cancel the invalid deed. Quiet-title claims ask the court to declare who holds legal title and to remove any invalid claims or cloud on title. See Minnesota statutes on actions to recover real property and quiet title: https://www.revisor.mn.gov/statutes/cite/559.

When fraud or forgery is present, courts can cancel the forged deed and restore the title to the rightful owners. If someone is unlawfully occupying the property because of the false deed, an ejectment action can remove that person.

5. Rescission, constructive trust, and equitable remedies

If the sale involved fraud or unjust enrichment, the non-selling owner can seek equitable relief. A court can impose a constructive trust on the proceeds or on the property interests the purchaser holds, order rescission (undoing the transaction), and direct the return of funds. These remedies are fact-specific and require proof of fraudulent or unconscionable conduct.

6. Criminal and statutory remedies

When a deed is forged or obtained by criminal conduct, a co-owner should consider reporting the matter to law enforcement. Criminal prosecution of forgery or fraud can support civil remedies, but criminal action does not substitute for civil relief to clear title.

7. Negotiation and buyout

Sometimes the quickest path is negotiation: buy the selling owner’s share back or negotiate a buyout with the purchaser. Settlement can be faster and less costly than litigation. But get any settlement or transfer reviewed by a real estate attorney and documented properly.

8. Timing and practical considerations

Bring claims promptly. Delay can complicate proof and can affect equitable remedies. However, partition claims generally remain available to co-owners. Evidence you should preserve includes deeds, closing documents, communications with the selling co-owner or purchaser, and proof of your ownership interest.

How a typical scenario plays out (hypothetical facts)

Assume two neighbors own a cabin as tenants in common — each owns 50%. One co-owner signs a deed that purports to sell the entire cabin to a third party and records the deed. The non-selling co-owner has these likely options:

Confirm ownership records at the county recorder.
Ask a real estate attorney to send a demand letter stating the buyer only received the seller’s 50% interest and asking the buyer to sign an agreement acknowledging co-ownership or to sell the buyer’s interest.
If negotiations fail, file a partition action under Minnesota Statutes, chapter 558 to seek a sale or division of the property and an accounting of proceeds.
If the deed is forged or obtained by fraud, file a quiet-title or cancellation action under chapter 559 to remove the invalid deed and restore clear title.

Evidence to gather

Recorded deed(s) and chain of title from the county recorder.
Original ownership documents (deed showing your initial interest).
Closing documents and sale contracts if available.
Communications, emails, texts, or witness statements about the transaction.
Proof of payment or lack thereof (to show whether a sale was bona fide).

Helpful hints

Act quickly. Preserve records and get legal advice as soon as you learn of the deed.
Check the county recorder’s online portal for the exact deed wording and recording date.
Remember a co-owner can sell only the interest they own; the buyer usually becomes a co-owner, not the sole owner.
Partition actions can be expensive and time-consuming; weigh the costs of litigation versus negotiating a buyout.
If you suspect forgery or fraud, contact law enforcement and a lawyer immediately—criminal facts strengthen civil claims.
Get representation from a Minnesota real estate litigator for court work (partition, quiet title, cancellation) and a real estate lawyer for transactional work (buyout, settlement).
Verify priorities: recorded liens and mortgages may affect distribution of sale proceeds; title insurance (if any) can influence remedies for purchasers or lenders.

For the statutory framework on partition and property claims, see Minnesota Statutes, chapter 558 (partition): https://www.revisor.mn.gov/statutes/cite/558, and chapter 559 (actions to recover real property and quiet title): https://www.revisor.mn.gov/statutes/cite/559.

If you want, provide a brief summary of the facts you know (ownership documents, whether a deed was recorded, whether there was a sale closing) and a local attorney can advise the best next step.