New Jersey Remedies When a Co-Owner Sells Property Without Agreement | New Jersey Partition Actions

Detailed Answer

Disclaimer: This information is educational only and is not legal advice. Consult a licensed New Jersey attorney about the specific facts of your situation.

When one co-owner conveys real property without the agreement of another co-owner, New Jersey law gives the non-consenting co-owner several civil remedies. Which remedy applies depends on how the parties owned the property (for example, tenants in common or joint tenants), whether the sale violated a written agreement or court order, and whether the conveyance involved fraud or misrepresentation.

Common legal remedies available in New Jersey

Partition (division or sale by the court) — A co-owner can ask a court to partition the property. If physical division (a partition in kind) is practical, the court can divide the land so each owner holds separate shares. If physical division is not feasible or fair, the court can order a judicial sale and divide the proceeds among owners according to their ownership shares. Courts hear these claims in the Superior Court (equity division or Chancery matters). See the New Jersey Judiciary for information on civil property actions: https://www.njcourts.gov/.
Quiet title / declaratory judgment — If the buyer claims title that conflicts with your ownership interest, you can ask the court to declare the parties’ rights to the property and to remove any cloud on title (for example, a deed recorded by a purchaser who obtained title through a co-owner).
Lis pendens / notice of pendency — If you file a civil action affecting title or possession, you (or your attorney) can record a notice of pendency (lis pendens) in the county clerk’s office to warn potential purchasers and encumbrancers that the property is involved in litigation.
Accounting for rents, profits, or adverse possession claims — If the purchaser or the selling co-owner excluded you from the property or collected rents, you can seek an accounting for your share of rents, profits, or proceeds. If a purchaser claims long-term exclusive use, adverse possession arguments may arise, but those are fact-specific and require strict proof under New Jersey law.
Injunctive relief / temporary restraining order — If a sale is about to close or a buyer is trying to evict you illegally, you may ask the court for emergency relief (a temporary restraining order or preliminary injunction) to stop closing, to preserve the status quo, or to prevent removal from the property while the dispute is resolved.
Rescission and damages for fraud, misrepresentation, or breach of a co-ownership agreement — If the sale violated a written co-ownership agreement (for example, a right-of-first-refusal, buy-sell agreement, or fiduciary duty) or involved fraud or concealment, you can seek rescission of the conveyance, damages, or both.
Cloud on title / slander of title — If a deed or recorded instrument improperly claims an interest that harms your ability to use or sell the property, you can sue to remove the cloud and recover damages for any loss caused by the false claim.

How the remedies work in typical scenarios

Hypothetical: Two neighbors, A and B, own a vacation lot as tenants in common. A signs a deed conveying A’s half interest to a third party, C, without telling B. B did not sign the deed and still legally owns B’s share. Under New Jersey law, A had the ability to transfer A’s own share, so the buyer C takes A’s share subject to B’s co-ownership rights. B can:

File a partition action asking the court either to divide the lot or order a sale and divide the proceeds between B and C according to ownership shares;
Record a lis pendens to alert title searchers that the property is subject to litigation;
Seek injunctive relief if C tries to exclude B from the property or remove personal property;
Bring an action for breach of any co-ownership agreement or for fraud if the sale involved deceptive conduct.

Note: If a written co-ownership agreement prohibited the sale (for example, required the co-owner to offer their share first to the other owner), a sale in violation of that agreement may be voidable; the non-breaching co-owner can seek rescission or damages.

Practical burdens and evidence

Successful claims usually require documentary evidence: deeds, the recorded chain of title, any written co-ownership agreements, correspondence, receipts for rents/expenses, and proof of how the parties used the property. Courts weigh equitable factors, such as contributions to mortgage payments, taxes, improvements, and whether partition in kind is feasible.

Where to find statutory and court resources in New Jersey

New Jersey statutes and legislative resources are available through the New Jersey Legislature: https://www.njleg.state.nj.us/. The New Jersey Courts site offers practice information and access to forms and local rules: https://www.njcourts.gov/. If you plan to record litigation documents (for example, a lis pendens), contact your county clerk’s office for recording procedures and fees.

Helpful Hints

Act quickly. Record evidence of your claim (for example, file a lis pendens) and preserve documents while you consult counsel.
Gather records: deed history, mortgages, tax bills, proof of payments for mortgage/taxes/utilities, insurance, and any co-ownership agreements or written communications.
Do not try to self-help by changing locks or forcibly removing someone; unlawful self-help can expose you to liability. Use court orders for eviction or exclusion issues.
Consider temporary injunctive relief if a sale closing is imminent or if the new owner seeks to remove you from the property.
Get a title search early. A title report helps identify whether the buyer recorded the deed and whether there are liens or recorded agreements affecting the sale.
Think about alternatives to litigation: mediation or negotiated buy-outs can save time and cost, especially when partition in kind is possible.
Expect costs. Partition and equity actions involve filing fees, possible expert or survey costs, and attorney fees. Ask potential attorneys about likely expenses and fee arrangements.
Consult an attorney licensed in New Jersey. An attorney can prepare pleadings, advise on whether to seek rescission or partition, and represent you in settlement talks or court.