Can a co-owner sell Rhode Island property without the other owner’s agreement? What remedies are available?

Short answer: Under Rhode Island law, whether a co-owner can sell property without another co-owner’s consent depends on the type of co-ownership and any private agreement between owners. If a co-owner improperly sells or transfers title, the non-selling co-owner has several possible remedies: a partition action (to divide or sell the property), an action to quiet title or rescind a defective conveyance, injunctive relief, and contract or fraud claims if the sale violated an agreement or was fraudulent. The exact remedy and chances of success depend on facts such as the ownership form, whether the buyer was on notice, and whether the deed was forged or otherwise defective.

Detailed answer — what Rhode Island law generally says and how the law applies

1. Determine the form of ownership (tenant in common vs. joint tenancy)

Most co-owners hold property as tenants in common unless the deed specifically states joint tenancy with right of survivorship. Key differences:

Tenancy in common: Each owner holds an individual, divisible interest. Unless there is a separate agreement restricting transfers, any tenant in common generally may sell or transfer that owner’s share without the other owners’ consent. The purchaser receives only the selling owner’s share—subject to the rights of the remaining co-owners.
Joint tenancy: A joint tenant often cannot defeat the right of survivorship by transferring their share in a way that continues the joint tenancy; a transfer may sever the joint tenancy as to that interest but does not automatically defeat certain rights. Exact effects depend on how the deed was written and recorded.

2. If a co-owner sold the property without agreement — what remedies may be available

Common remedies used in Rhode Island include:

Partition action (civil court): Any co-owner can sue for partition to divide the property physically (partition in kind) or, if division is not practical, force a sale and split proceeds among owners. Partition is the usual remedy when co-owners cannot agree about continued ownership or a sale. See Rhode Island statutes governing property (Title 34) and court procedures for partition actions: R.I. General Laws, Title 34 (Property).
Quiet title or declaratory relief: If the deed transferring title to a third party is defective, forged, or the seller lacked authority, a co-owner can file a quiet-title action or a declaratory judgment asking the court to declare the true ownership and cancel the invalid conveyance.
Temporary injunctive relief / lis pendens: If a sale or foreclosure is imminent, a co-owner may seek a temporary injunction to stop transfers while the dispute is litigated. Filing a lis pendens (notice of pending claim affecting title) may preserve priority interests and alert buyers/creditors to the dispute.
Contract remedies / rescission: If the owners had a written agreement (for example, a written co-ownership agreement or right-of-first-refusal clause) that restricted transfers, the non-selling co-owner can sue for breach of contract and may seek rescission or damages.
Fraud, conversion, or other tort remedies: If the sale involved fraud (forged signature, misrepresentation, deceptive conduct), the injured co-owner can pursue tort claims and ask the court for damages and to set aside the transfer.
Accounting and constructive trust: If a buyer obtained title but equity requires it, the court may impose a constructive trust or require an accounting so proceeds or value are distributed fairly among equitable owners.

3. How recording and notice can affect remedies

Whether a buyer who received a conveyance takes title free of prior claims depends on the recording system and whether the buyer had notice of competing interests. Recording statutes affect priority. See Rhode Island’s statutes on recordings and conveyances in Title 34 for the controlling rules and requirements: R.I. Gen. Laws, Title 34. If a buyer recorded a deed and was a bona fide purchaser without notice, some remedies are harder to obtain; however, fraud, forgery, or an invalid deed remain strong bases to challenge a transfer.

4. Practical consequences and likely court outcomes

If the co-ownership was tenancy in common and the selling co-owner transferred only that co-owner’s share, courts commonly allow partition or buy-out rather than undoing that sale entirely (unless the buyer’s title is defective or the sale violated a binding agreement).
If a deed was forged or the seller lacked capacity or authority, courts will often void the transfer and restore title to the rightful owners.
If the seller violated a written restriction (for example, a written co-ownership agreement or right-of-first-refusal), damages and rescission are typical remedies, depending on the contract terms and equity.

What steps a co-owner should take right away

Obtain and review the recorded deed and chain of title from the county land records.
Check for any written co-ownership agreement, mortgage, lien, or restriction that might limit transfers.
If a sale is pending or the deed appears forged, consider asking a court for emergency relief (temporary restraining order) and record a lis pendens to protect your interest while you prepare a lawsuit.
Consult a Rhode Island real property attorney promptly for advice tailored to your facts. An attorney can evaluate whether to sue for partition, quiet title, rescission, injunctive relief, or damages.
Collect documentary evidence: original deeds, correspondence among co-owners, bank records, and any listing or sale agreement.

Helpful Rhode Island statutes and court resources

R.I. General Laws — Title 34 (Property): https://webserver.rilin.state.ri.us/Statutes/TITLE34/
Rhode Island Judiciary (court rules and forms): https://www.courts.ri.gov/

Helpful Hints

Do not delay. Property disputes are time-sensitive; recordings, pending sales, and statute-of-limitations issues can change your options.
If you and the other co-owner can communicate, consider mediation or a negotiated buy-out to avoid costly litigation.
Record a lis pendens promptly if you file suit — it warns third parties and can prevent an innocent purchaser from taking free of your claim.
Check whether you have a written agreement limiting sales; many disputes arise when informal understandings are not reduced to writing.
Gather proof of any fraud (forged documents, false statements, improper notarization) — forgery is a strong ground for setting aside transfers and for criminal referral.
Be aware that buyers who purchase and record without notice of a hidden claim may have stronger defenses; timely action to protect your interest is critical.

Disclaimer: This article explains general Rhode Island law and common remedies for co-ownership disputes. It is for educational purposes only and is not legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney who can review the facts and relevant documents.