Overview

If someone who owns property with you (a co-owner) sells the property or transfers their share without your agreement, you have several legal paths you can pursue under Montana law. Which path makes sense depends on whether the sale was lawful, whether fraud or forgery occurred, and whether the buyer is a good-faith purchaser. This article explains the basic principles, common remedies, and practical first steps to protect your ownership interests.

Key legal principles (simple)

Co-owners commonly hold property as tenants in common in Montana. Each co-owner can usually sell or transfer their own share, but that sale does not automatically extinguish the other co-owner’s ownership interest.
A deed that transfers only one co-owner’s interest typically gives the buyer the seller’s share — not full, exclusive title to the entire property — unless the buyer obtains the other interests by other means or a court orders a sale of the whole property.
If the deed was forged, obtained by fraud, or executed by someone without authority, the transfer can be challenged and set aside.

Statutes and where to look

Montana’s rules about property, deeds, recording, and partition are in the Montana Code (Property and related subjects). For the general statutory framework on property matters, see Montana Code, Title 70 (Property): https://leg.mt.gov/bills/mca/title_0700/. If you pursue court remedies you will also rely on Montana civil procedure and evidence rules.

Detailed answer — Remedies you can pursue

1. Determine whether the sale was valid

First confirm what exactly was transferred. Obtain a copy of the deed and the public record (county clerk/recorder). Important questions:

Did the deed transfer only the selling co-owner’s fractional interest or claim to the entire property?
Was the seller’s signature genuine and properly notarized and witnessed?
Did the seller have any authority problems (e.g., was the seller legally incapacitated, under guardianship, or acting as a fiduciary who lacked power to sell)?

If the deed appears forged, notarized improperly, or procured by fraud, you can ask a court to cancel or void the deed.

2. Quiet title / clearing title

If a deed clouds your title — for example, a recorded deed purports to convey the entire property or creates a competing claim — you can file a quiet title action in Montana to remove the cloud and confirm your ownership interests. Successful quiet title litigation can clear the recorded record and establish who holds legal title to what share.

3. Partition action — force a sale or division

When co-owners cannot agree, either owner can ask the court for partition. A partition action asks the court to divide the property among owners (partition in kind) or, if physical division is impracticable, order a sale of the property and divide the proceeds among the owners according to their shares. Partition is the common remedy when a co-owner wants to end the co-ownership relationship.

Practical note: even if the other co-owner sold their interest to a buyer, a partition action may still be available against the buyer because the buyer steps into the seller’s shoes as an owner of that share.

4. Ask the court to set aside the sale for fraud, forgery, or lack of authority

If the sale resulted from forgery, false statements, undue influence, or a seller who lacked legal authority (for example, a guardian who sold without approval), you can seek rescission or a declaratory judgment that the deed is void. Evidence of a forged signature, forged notarization, or other proof of fraud supports this remedy.

5. Temporary injunctive relief to stop a pending sale or transfer

If a sale is threatened but not yet finalized (for example, closing not yet recorded or funds not yet disbursed), you may ask a court for a temporary restraining order or preliminary injunction to stop the transaction while the court sorts the rights. Courts require proof of a likelihood of success on the merits and risk of irreparable harm.

6. Accounting and monetary damages

If a co-owner improperly disposed of property or misapplied proceeds, you may seek an accounting and damages. Claims can include conversion, unjust enrichment, or breach of fiduciary duty (if a fiduciary relationship applies). Damages do not always restore the property but can compensate you for lost value.

7. Title insurance and refund claims

If a buyer obtained title insurance, the title company may have obligations. If a defect or forgery is discovered, title insurers sometimes defend or pay claims. If the improper sale caused a loss that title insurance covers, file a claim with the insurer and preserve records.

8. Criminal remedies (forgery, fraud)

Forgery of a deed, fraudulent notarization, or theft of identity to transfer property are criminal acts. You can (and should) report clear criminal conduct to local law enforcement and the county attorney. Criminal prosecution is separate from civil remedies but may provide evidence helpful in civil court.

How these remedies typically play out — two short hypotheticals

Hypothetical A: Lawful sale of seller’s share

Co-owner A sells only their one-half interest to Buyer. The deed is valid and recorded. Co-owner B did not consent but did not lose B’s fractional ownership. B can file a partition action to force a sale of the whole parcel and divide proceeds between B and Buyer, or negotiate a buyout. Quiet title is unnecessary because the buyer holds the seller’s share lawfully.

Hypothetical B: Forged deed or sale by an unauthorized person

If the deed shows a forged signature or a person without authority purported to sell the property, B can seek to void the deed, file a quiet title action to clear the record, and may seek criminal charges for forgery. If the deed has been recorded, prompt action to obtain a court order cancelling the recorded deed is important to prevent downstream purchasers from claiming good-title defenses.

Practical first steps you should take now

Get a certified copy of the recorded deed and full chain of title from the county clerk/recorder.
Gather all documents: wills, trust documents, powers of attorney, prior deeds, communication with the selling co-owner, closing paperwork.
Contact the title company (if there was title insurance) and report your concern immediately.
If you suspect forgery or criminal fraud, file a police report and notify the county attorney so law enforcement can investigate.
Do not attempt self-help (for example, locking out occupants or physically removing someone). Self-help can expose you to civil and criminal liability.
Talk with a Montana real property attorney quickly. Many remedies are time-sensitive and require prompt court filings to preserve rights and evidence.

Timing and statute of limitations

Time limits vary by the type of claim (quiet title, fraud, conversion, etc.). Some claims run from the date the fraud was discovered, others from the date of the transaction. Because deadlines can bar claims permanently, consult an attorney soon.

How an attorney can help

An attorney will evaluate the deed, chain of title, and facts; advise whether to seek quiet title, partition, rescission, or damages; prepare the required pleadings; and pursue emergency relief if a sale is imminent. Attorneys can also coordinate with title companies and law enforcement when forgery or fraud is suspected.

Helpful Hints

Act fast. Prompt records searches and filings protect your rights.
Preserve evidence: copies of communications, originals of documents, and any witness information.
Check for title insurance and immediate notice requirements to the insurer.
Don’t rely solely on informal promises from the buyer or seller—get court orders if necessary.
Consider mediation if the parties are open to negotiation; it can be faster and cheaper than litigation.
If you suspect a forged deed, request a notary journal entry (if available) and ask the county recorder for all instruments related to the property.

Where to read more

Montana Code, Title 70 provides the statutory framework for property matters: https://leg.mt.gov/bills/mca/title_0700/. For court procedures and forms, check the Montana judicial branch website or consult a licensed Montana attorney.

Disclaimer

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