How to Respond When a Co-Owner Transfers Property Without Your Agreement — Massachusetts Remedies

Short answer: Your options depend on whether the co-owner sold only their own undivided share, whether the deed was forged or obtained by fraud, and the form of ownership. Common remedies in Massachusetts include a partition action (to divide or sell the property), an action to cancel or quiet title, injunctive relief, and, when appropriate, criminal complaints for forgery or fraud. This article explains each path and practical next steps.

Detailed answer

1. First determine what actually happened

Before choosing a remedy, find out three key facts:

Was the deed recorded at the county Registry of Deeds? (If so, get a certified copy.)
Did the person convey only their undivided share, or did they purport to convey the entire property?
Was the deed executed by the true co-owner, or was there forgery, fraud, undue influence, or an invalid power of attorney?

2. If a co-owner sold only their own undivided interest

Massachusetts law generally allows a tenant in common to convey his or her undivided share without the consent of the other co-owners. That conveyance does not automatically eject the remaining co-owner. Instead, the buyer takes the seller’s share subject to the rights of the other co-owners.

Your principal civil remedy in this common situation is a partition action. Under Massachusetts law, any co-owner can ask a court to divide the property physically (partition in kind) or to sell it and divide the proceeds (partition by sale). See the partition statute: Massachusetts General Laws, Chapter 240 (action for partition): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter240/Section1.

What to expect in a partition action:

The court will examine whether the property can reasonably be divided among owners.
If division is impracticable, the court commonly orders a sale and divides net proceeds according to ownership shares.
The court can award costs, accounting for improvements, rents, and waste.

3. If the deed purports to convey the whole property but you never authorized the sale

If someone conveyed the entire property without legal authority (for example, by forging your signature or using an invalid power of attorney), that conveyance may be voidable or void. Typical legal responses include:

Quiet title / declaratory judgment: Ask a court to declare that the deed is invalid and to clear your title.
Cancellation of deed: Seek an order canceling the fraudulent deed from the land records.
Injunctive relief: If a further transfer is imminent (e.g., the fraudulent buyer is trying to re-sell), you can ask the court for a temporary restraining order or preliminary injunction to stop transfers while the dispute is decided.
Land Court actions: In many Massachusetts title disputes, parties file in the Land Court to resolve competing title claims or to register title. See the Land Court registration statute: Massachusetts General Laws, Chapter 185, Section 1: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter185/Section1.

4. If a deed was forged or obtained by fraud, consider criminal as well as civil steps

Forgery and deed fraud can be crimes in Massachusetts. You should preserve evidence and consider reporting the matter to the police or the district attorney. If criminal charges succeed, that evidence can support civil remedies like cancellation of the deed or money damages.

It is important to act quickly: file a civil claim and ask the court for emergency relief (a lis pendens can also warn subsequent purchasers of the pending dispute).

5. What if a later buyer paid value and recorded the deed?

A purchaser who pays value and records may get stronger protection, especially once the deed appears in the chain of title. Recording law governs public notice and affects disputes between competing claimants. You should check the local Registry of Deeds to see what is recorded. See Massachusetts recording statutes for deeds: Chapter 183, Section 3: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter183/Section3.

6. Practical evidence and remedies you can seek in court

Request partition (division or sale) under Chapter 240 when co-owners disagree about continued shared ownership: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter240/Section1.
File a quiet title or cancellation action in Land Court to remove forged or fraudulent deeds: see Chapter 185 for registration and title procedures: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter185/Section1.
Ask the court for preliminary relief — temporary restraining orders or injunctions — to preserve status quo while the dispute proceeds.
Pursue damages or rescission where the sale resulted from fraud, undue influence, or breach of fiduciary duty.
Report forgery or fraud to law enforcement for possible criminal prosecution (forgery statutes and criminal penalties apply to false instruments). You should preserve original documents, witnesses’ contact information, and any communications related to the transaction.

Helpful hints — quick practical steps

Get a certified copy of the deed(s) from the county Registry of Deeds immediately and review the chain of title.
Confirm how title is held (tenancy in common, joint tenancy, tenancy by the entirety). The form of ownership controls who can sell what.
If a deed looks forged or you did not sign it, contact local police and preserve all originals and correspondence.
Ask an attorney about filing a lis pendens or asking the court for an emergency injunction to block further transfers.
Consider a partition action if the co-owner sold their share but you wish to end co-ownership or force a sale.
Act fast. Recording and subsequent bona fide purchasers can complicate undoing a transfer.
Collect evidence: emails, texts, witness statements, copies of powers of attorney, notarizations, and any finance records related to the sale.

When to consult an attorney

Title disputes, allegations of forgery, contested partitions, and requests for emergency court orders require prompt legal advice. A Massachusetts real estate litigator or land-law attorney can:

Review recorded documents and advise whether a deed is legally effective.
File the appropriate civil action (partition, quiet title, cancellation, declaratory judgment) and request emergency relief if needed.
Coordinate with law enforcement if criminal conduct is suspected.

Important legal references (Massachusetts):

Partition actions — Massachusetts General Laws, Chapter 240, Section 1: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter240/Section1
Recording of deeds — Massachusetts General Laws, Chapter 183, Section 3: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter183/Section3
Land Court title registration — Massachusetts General Laws, Chapter 185, Section 1: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter185/Section1

Final note and disclaimer

The law is fact-specific. The right remedy depends on who signed, what was recorded, how title is held, and whether fraud or forgery occurred. This article explains common Massachusetts legal routes but does not provide legal advice. Consult a licensed Massachusetts attorney to discuss your situation and next steps.