Understanding Your Legal Options When a Co-Owner Sells Property Without Your Consent
This page explains common legal remedies available under Ohio law when a co-owner transfers property without another co-owner’s agreement. The guidance below uses general legal principles and hypothetical examples to help you decide next steps. This is educational information only and not legal advice.
Detailed answer — what can you do under Ohio law?
Start by identifying the co-ownership type and the exact deed that was recorded:
- If owners hold as tenants in common, each owner has an undivided fractional interest and may generally convey their own interest without the other owner’s permission. A sale of only one owner’s share does not automatically extinguish the other co-owner’s interest.
- If the title was held as joint tenants with right of survivorship, different rules apply on survivorship and severance; determine whether a severance occurred before sale.
Primary remedies and actions
The following remedies are commonly used in Ohio when a co-owner transfers property without the other co-owner’s agreement:
- Partition action — Under Ohio statutory law, co-owners can ask a court to divide property physically (partition in kind) or to sell the property and divide proceeds (partition by sale). See Ohio Rev. Code Chapter 5307 for procedures and outcomes: https://codes.ohio.gov/ohio-revised-code/chapter-5307. If equity requires sale, the court can order a sale and distribute net proceeds to co-owners according to their interests.
- Quiet title / action to determine adverse claims — If a purchaser claims full ownership and you dispute that claim, you can file an action to quiet title or otherwise adjudicate adverse claims to clear or confirm ownership. A quiet-title action can remove clouds on title and record the court’s determination.
- Rescission or cancellation for fraud, forgery, or improper deed — If the sale was procured by fraud, forged signatures, false notarization, or other illegality, you can seek to set aside the deed and recover title. You will need evidence showing how the conveyance was invalid.
- Injunctive relief or lis pendens — In some situations you can ask a court for a temporary injunction (or record a notice of pending action) to stop a purchaser from taking steps that would permanently prejudice your rights while litigation proceeds. Timing and availability depend on facts; talk to counsel quickly to preserve remedies.
- Damages and accounting — If the co-owner breached fiduciary duties (for example, partners or certain joint ventures) or otherwise harmed your interest, you may recover monetary damages, an accounting for rents and profits, and other equitable relief.
- Ejectment and possession claims — If a purchaser or former co-owner prevents you from using the property, you can pursue ejectment or forcible-entry/forcible-detainer remedies to regain possession.
Practical outcomes depending on the facts
Which remedy is best depends on facts such as whether the deed transferred only an ownership share or purported to transfer the entire property, whether the buyer was a good-faith purchaser for value, whether the deed was recorded, and whether fraud or forgery occurred.
Example scenarios:
- If a co-owner legitimately sells their fractional interest to a third party, the third party steps into the seller’s ownership share. You retain your undivided interest and can later pursue partition or buyout.
- If a co-owner falsely claims sole ownership and conveys the entire property to a buyer, a court may cancel that deed if you prove the transfer was invalid (forgery, fraud) or order a partition/sale if the buyer purchased in good faith but your interest still exists.
- If the buyer recorded the deed and claims to be a bona fide purchaser without notice of your interest, title disputes can become complicated. Recording statutes and the buyer’s knowledge affect remedies — get a title search and legal advice promptly.
Key statutes to review
Ohio’s partition statutes provide the primary statutory route for dividing co-owned land: Ohio Rev. Code Chapter 5307 (Partition). For rules and formalities about conveyances and recording, review the Ohio Revised Code chapter on conveyances and recording: Ohio Rev. Code Chapter 5301 (Conveyances). These chapters set procedural steps and rights for co-owners and transferees.
Timing and immediate steps
Act quickly. Real property disputes can change once deeds are recorded or buyers act in reliance on those deeds. Typical immediate steps:
- Obtain a copy of the recorded deed(s) and the current title abstract or title report.
- Collect any documents that show your ownership interest (deeds, tax bills, mortgage records, communications).
- Contact an attorney experienced in Ohio real property and partition law to evaluate whether to file a partition, quiet-title action, or other claim.
- Consider temporary measures (for example, a lis pendens or injunction) to protect the property while the dispute is resolved; an attorney can advise if these are appropriate.
Helpful hints
- Get a title search early. A professional title search reveals recorded deeds, liens, and whether a deed has been recorded that affects your interest.
- Document communications. Save emails, texts, and letters with the co-owner and any buyer — they can help prove notice or fraud.
- Confirm ownership type. Check the deed language to see whether ownership was tenants in common or joint tenancy; the remedy options differ.
- Act quickly on possible forgery. If signatures were forged or notarization was improper, immediate action increases chances to cancel the deed and prevent further transfers.
- Know the costs. Partition and quiet-title litigation can involve court costs, surveys, and appraisals. Ask about alternatives like negotiated buyouts before filing suit.
- Talk to a real property attorney. An Ohio lawyer can draft pleadings, advise on injunctive relief, and represent you at settlement negotiations or trial.