Detailed Answer — Can a co-tenant encumber an inherited Kansas property without your approval?

Short answer: In Kansas a co-tenant generally cannot bind another co-tenant personally to a mortgage without that co-tenant’s signature. A lender’s recorded mortgage creates a lien against the property, however, and that lien can affect the entire parcel — including the non-signing co-tenant’s interest — if steps are not taken. You have civil remedies (for example, asking a court to set aside an unauthorized encumbrance, seeking an injunction, or pursuing partition and sale) and possible criminal remedies if there was fraud. Act quickly to protect your rights.

How this commonly happens (typical facts)

Two or more people inherit real property as co-owners (often as tenants in common). One co-tenant goes to a lender and signs loan documents to obtain a home equity loan or to refinance. The lender records a mortgage or deed of trust at the county recorder’s office. You did not sign loan paperwork and did not give written consent.

Who is personally liable for the loan?

• If you did not sign the note, you are not personally liable on the promissory note. Your wages and personal bank accounts should not be subject to collection on that loan.
• However, the recorded mortgage is a lien on the property. If the borrower-co‑tenant defaults, the lender can seek foreclosure on the property interest that secures the loan. A foreclosure can lead to a forced sale of the entire property, and the sale proceeds will be applied to the mortgage debt before distribution to co-owners.

Can a co-tenant encumber only their share?

A co-tenant can sign a mortgage using their name and conveying a lien against the property. But they cannot give a lender a good title to more than their own ownership interest. Whether a lender can foreclose on the whole property interest depends on the mortgage language, recording, and whether the lender is a bona fide purchaser for value without notice of defects.

Recording and notice matters

Kansas uses a recording system to protect interests in real property. A lender who records a mortgage gives notice to other buyers and lenders. If the lender had no actual or constructive notice problems (for example, if the county recorder shows a previously recorded deed in your name and the mortgage is properly recorded), the lender may be able to foreclose against the property even though you did not sign the note. For more on Kansas statutes and recording rules, see the Kansas Revisor of Statutes: https://www.ksrevisor.org/statutes/.

Remedies available to the non-signing co-tenant

Common remedies include:

• Quiet title / declaratory judgment: Ask a court to declare the scope of interests and determine whether the mortgage encumbers your share or was obtained by fraud or forgery.
• Set aside the mortgage for fraud or forgery: If the co-tenant forged your signature or misrepresented facts to the lender, you can sue to set aside the lien and may have criminal remedies for forgery or fraud.
• Injunctive relief / lis pendens: You can seek a court injunction to stop a lender from foreclosing while the dispute is litigated and may record a notice of pending action (lis pendens) to warn buyers and lenders.
• Partition action: Under Kansas law you can ask a court to partition the property (divide it physically if practicable or sell it and divide proceeds). The court will account for liens and mortgages when distributing the sale proceeds — meaning mortgage holders are paid from sale proceeds before co-owners split the remainder.
• Claims against the co-tenant: You may have claims for conversion, unjust enrichment, breach of fiduciary duty (in some circumstances), or tortious interference with your property rights.

If you suspect deception, criminal statutes may apply. Report suspected forgery or fraud to local law enforcement and discuss parallel criminal complaints with an attorney.

Practical sequence of steps you should consider right away

1. Check public records at your county recorder’s office to confirm what deed(s) and mortgage(s) are recorded against the property.
2. Ask the lender for loan paperwork (who signed the promissory note, who signed the mortgage, and the recorded instrument number). Lenders often will not provide full loan files to non-borrowers, but a recorded mortgage is public record.
3. Send a written demand to the co-tenant and lender (through counsel if possible) stating your position and requesting documents or correction.
4. Consider filing a lis pendens or obtaining an injunction if a foreclosure is imminent or if you need to preserve the property’s status while you litigate.
5. File a civil action: quiet title, ask to set aside the mortgage, or bring a partition action to force sale and resolve competing claims.
6. If you believe forgery or fraud occurred, report it to law enforcement and preserve all evidence (communications, loan solicitations, bank transfers).
7. Consult a Kansas real property or probate attorney promptly — timelines for recording claims and foreclosure deadlines matter.

How a partition sale typically affects the mortgage and your share

If a court orders sale of the property, the mortgage holder is paid from the sale proceeds according to priority of liens. After payment of liens, sale costs, and valid expenses, the remaining proceeds divide among co-owners by their ownership shares. That means a mortgage taken by one co-tenant can reduce the net proceeds you receive.

Ways to prevent this problem in advance

• Record your ownership interest promptly (deeds and any estate documents) so subsequent lenders will find the record.
• Use written co-ownership agreements that require co-owner consent before encumbering the property.
• Require title insurance and a title search when dealing with property transfers or sales.
• Keep clear communication with co-tenants and document any consent or refusals in writing.

Helpful links

• Kansas Revisor of Statutes (general access to state statutes): https://www.ksrevisor.org/statutes/
• Kansas Courts (information and forms): https://www.kscourts.org/

Helpful Hints

• Act quickly. A recorded mortgage and pending foreclosure can quickly change remedies and timing.
• Recording matters: check the county recorder online to see what’s already filed.
• Do not ignore foreclosure notices — contact an attorney immediately.
• Preserve all text messages, emails, and paper documents that show what the co-tenant told you or did.
• Consider mediation with co-tenants if relationships allow; it can be faster and cheaper than litigation.
• When you inherit property, get clear title documents and consider a co-ownership agreement to avoid surprises.

Conclusion

If a co-tenant in Kansas takes out a home equity loan or refinances without your approval, you are not personally liable if you did not sign the promissory note. But a recorded mortgage can still encumber the property and threaten your share through foreclosure or reduced sale proceeds. You have civil remedies (quiet title, set-aside for fraud/forgery, partition, injunctive relief) and possibly criminal remedies if someone forged your signature or committed fraud. Check the public records, preserve evidence, and consult a Kansas real property attorney promptly.

Disclaimer: This article is for general information only and does not create an attorney-client relationship. It is not legal advice. Laws change and facts matter. Consult a licensed Kansas attorney about your specific situation.