Detailed answer — how Virginia law treats encumbrances placed by one co-owner

1. Who owns what: tenancy in common vs. joint tenancy vs. survivorship

Start by checking the deed. Most inherited property passes either as tenancy in common (each heir holds an individual undivided share) or as joint tenants with right of survivorship or via a transfer-on-death or survivorship deed. The form of ownership affects what a single co-owner can do alone.

2. Can a single co-owner obtain a home-equity loan or refinance without your signature?

Yes — a co-owner can generally encumber the ownership interest they hold. If title shows two people as tenants in common, one co-tenant may grant a mortgage or deed of trust covering only that co-tenant’s share. Lenders typically require the signature of the owner(s) shown on the recorded deed; they will not be able to create a valid lien on your separate, unencumbered share without your signature. However, recording law means the lender’s lien is valid as to the interest the borrower owned when they signed.

3. What if the co-owner forges your signature or lies about ownership?

If a lender records a mortgage purporting to encumber the whole parcel because a co-owner falsely claimed authority to encumber all of it, you can challenge the transaction. You may have claims for fraud and can ask a court to cancel the forged or fraudulent document. Gather title records and evidence of who signed the deed and mortgage.

4. Risk of foreclosure and partition sale

If a lender forecloses on the mortgage or deed of trust that covers the borrowing co-owner’s share, a purchaser at the foreclosure sale receives only the interest that was mortgaged. But that purchaser can seek a partition sale of the property to obtain clear title or convert the co-owners’ interests into cash. In practice, a foreclosure on one owner’s interest can end up forcing a sale of the entire property. Virginia law allows partition and related remedies; see the Code of Virginia for court procedures affecting real property: Va. Code Title 8.01 (Civil Remedies & Procedures) and property conveyance law: Va. Code Title 55.1 (Property & Conveyances).

5. Your remedies and practical options

• Obtain a current title report / search at the clerk’s office or through a title company to confirm recorded mortgages and liens.
• If the loan was only on the other co-owner’s share, consider negotiating a buyout: you can offer to purchase their share (or they can refinance and remove the lien).
• If foreclosure is imminent, act quickly: you can sometimes redeem the mortgaged share or ask the court to delay sale, depending on timing and facts.
• If the encumbrance involved fraud, forgery, or misrepresentation, you can ask a court to rescind the mortgage, cancel the lien, and seek monetary damages.
• File a partition action yourself to force either a physical division (rare) or a sale and divide proceeds, or defend against a buyer’s partition claim after foreclosure.

6. Practical effects on possession and use

Even if a lien attaches only to the other owner’s share, a purchaser at foreclosure or a court-ordered partition sale may change who owns or occupies the property. That means that even if your legal interest survives, your practical ability to live in or rent the property can change.

7. Time, costs, and court process

Legal actions (quiet title, fraudulent conveyance actions, partition, or injunctions) involve litigation, filing fees, and time. Partition sales can take months to years depending on complexity and appeals.

Statutory resources

Relevant parts of Virginia law include the property and conveyance provisions and the civil procedure rules governing partition and title disputes. See:

• Va. Code Title 55.1 — Property and Conveyances (deeds, mortgages, deeds of trust, recording)
• Va. Code Title 8.01 — Civil Remedies and Procedure (procedural remedies, partition actions)

Helpful hints — what to do right now

1. Check the deed in the county land records to confirm the type of co-ownership and the recorded owners.
2. Order a title report or pull recorded documents to see whether a mortgage or deed of trust has been recorded.
3. Contact the loan servicer or lender (the name and address are on the recorded document) to confirm the nature of the mortgage and whether your name appears on it.
4. Document communications and keep copies of all recorded instruments and correspondence.
5. If you suspect fraud or forgery, contact a Virginia attorney quickly and consider seeking an emergency court order to stop a pending sale.
6. Consider negotiation or mediation with the co-owner before expensive litigation. A financed co-owner may prefer a negotiated buyout to a full foreclosure/partition fight.
7. If needed, consult an attorney experienced in Virginia real property and probate litigation to discuss quiet title, rescission, partition, and fraud claims.