What to do if a co-owner sells real property without your consent — detailed answer and practical steps under Hawaii law

Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Hawaii attorney.

Detailed Answer — legal remedies and how they work in Hawaii

If a co-owner (a person who shares ownership as a joint tenant or tenant in common) transfers title to real property without your agreement, several legal remedies may apply under Hawaii law. Your available remedies depend on facts such as whether the deed was forged, whether the buyer paid value in good faith, whether the transferring co-owner had authority to act for you (for example by power of attorney), and whether you share a joint tenancy or tenancy in common.

Key remedies and concepts:

Understand what was actually transferred: A co-owner can only convey the interest they legally own. If the seller was a tenant in common, their deed transfers only that co-owner’s fractional share, not your share. If the buyer took title only to the seller’s interest, you still own your portion. If the deed purported to transfer the entire property when the seller lacked authority, the deed may be void or voidable.
Quiet title / action to remove cloud: You can file a lawsuit to quiet title or to cancel (set aside) a fraudulent or unauthorized deed. A successful quiet-title action clarifies ownership and removes any improper claim that clouds your title. Hawaii courts handle such real-property actions through the civil process. For court procedures and forms, see the Hawaii State Judiciary: https://www.courts.state.hi.us/.
Partition action: If co-owners cannot agree, either owner may ask a court to partition the property. Partition can be by physical division (rare for small parcels) or by judicial sale with proceeds divided according to ownership shares. A partition action forces a sale and is commonly used when one co-owner sells or attempts to control the property to the detriment of the others. Look for Hawaii statutes and rules on civil actions at the Hawaii Revised Statutes: https://www.capitol.hawaii.gov/hrscurrent/.
Injunction to stop a pending transfer or sale: If a sale has not yet closed, you may seek an emergency injunction to stop the closing. A judge can temporarily block a transaction while the court resolves ownership disputes. Acting quickly matters—courts weigh urgency when deciding injunctive relief.
Rescission and damages for fraud or forgery: If the deed was obtained by fraud, forgery, or false representation, you can ask a court to rescind (undo) the deed and may seek monetary damages. If a deed was forged, contact law enforcement as well; forgery is a crime in addition to a civil wrong.
Lis pendens (notice of pending action): Filing a lis pendens (a recorded notice that you have a pending claim affecting title) puts the public and potential buyers on notice that title is contested. This can make a buyer think twice and protect your position while litigation is pending. County recording offices accept lis pendens filings; check your county recorder for the exact procedure.
Buyer in good faith and recording issues: If a third party purchased from the co-owner for value and recorded the deed, the buyer’s rights may be stronger under Hawaii’s recording and notice principles. Title disputes often turn on whether the buyer acted in good faith and whether the deed was properly recorded. That is why getting a title search and, when possible, title insurance is important.
Accounting, breach of fiduciary duty, or conversion: If a co-owner held a special role (for example, managing the property or holding proceeds in trust) and misused that role, you may have claims for breach of fiduciary duty or conversion and seek monetary relief.

How these remedies typically play out — practical examples

Example 1 — Unauthorized sale of entire parcel: If Co-Owner A attempts to deed the whole property to a buyer even though A only owns half, the deed at most conveys A’s half. You may file a quiet title action to confirm your ownership of your remaining share and a partition action to force sale or division.

Example 2 — Forged signature: If the deed shows your signature but you did not sign, you can ask the court to cancel the deed as forged. You should also report forgery to the police. Recording a lis pendens and suing to quiet title or rescind the deed are common steps.

Example 3 — Imminent closing: If a buyer is about to close on a sale that you believe is invalid, file for emergency injunctive relief in state court and record a lis pendens. Courts may halt the closing long enough to sort out who owns what.

What documents and evidence help your case

Recorded deeds showing chains of title.
Any written agreements between co-owners (partnerships, buy-sell agreements, or property-management contracts).
Communications (emails, texts) about the sale or authority granted.
Power of attorney documents, guardianship orders, or probate documents that might have given authority to act.
Title insurance policy and title search reports.

Next steps — practical guidance

Act quickly. Many remedies depend on prompt action—file lis pendens and contact the court if a closing is imminent.
Obtain a title search and preserve documents. A title company or attorney can pull recorded instruments and show exactly what transferred.
Contact county recording office to check whether the deed was recorded and to file notices if appropriate.
Hire a licensed Hawaii real property attorney experienced with quiet title, partition, and real-estate litigation. They can evaluate facts, file the right pleadings, and represent you in court.

Useful official resources:

Hawaii Revised Statutes (general access): https://www.capitol.hawaii.gov/hrscurrent/
Hawaii State Judiciary (court procedures, forms): https://www.courts.state.hi.us/

Helpful Hints

File a lis pendens quickly to protect your interest if you plan to sue.
Order a current title report to see what a buyer actually owns after a transfer.
Record all communications and keep original documents safe.
Do not confront the other party in a way that could escalate into violence; use legal channels.
Check your county recorder’s website for exact filing rules and fees.
If you had joint tenancy and suspect a severance occurred, get legal advice about how the transfer affects your rights.
Consider temporary injunctive relief if a sale or eviction is imminent.
Title insurance can be invaluable — determine if a policy exists and whether it covers the problem.

If you want, provide a short summary of your facts (no personal data) and I can explain which remedies are most likely to apply and what legal steps to consider next.