Understanding Your Remedies Under Oregon Law When a Co-Owner Transfers Property Without Your Consent

Short answer: Your remedies depend on what exactly happened — whether a co-owner actually conveyed only their own share, whether the deed was forged or otherwise invalid, or whether the buyer knew about competing ownership. Common remedies in Oregon include filing a partition action, asking a court to cancel or quiet a deed, seeking injunctive relief, and pursuing money damages or criminal charges in cases of fraud. This article explains the typical paths, what to check first, and practical next steps.

Detailed Answer: How Oregon law treats unauthorized transfers by a co-owner

1) First, identify what was actually transferred

Start by obtaining a copy of the recorded deed and the chain of title from the county recorder. There are three frequent scenarios:

• Seller transferred only their own interest. A co-owner can generally sell or transfer the undivided interest they own. The buyer receives only the seller’s share, not full clear title over the other co-owner’s share. The property remains co-owned unless the parties agree otherwise or a court orders partition.
• Deed is forged, altered, or signed without authority. If the deed was forged or the seller didn’t actually have authority to sign for the other owner (for example, the deed falsely purports to transfer the entire property), the conveyance is voidable or void and can be attacked in court.
• Buyer is a good-faith purchaser or had notice of competing ownership. If the buyer had actual or constructive notice of another co-owner’s rights, the buyer’s protection may be limited. Whether a purchaser is protected turns on title records, recorded notices, and the buyer’s knowledge.

2) Partition actions: force a sale or division of the property

If co-owners cannot agree, either co-owner can ask the court to divide or sell the property and divide the proceeds. In Oregon, partition actions and the rules about dividing co-owned property are governed by the statutes on partition. See Oregon’s partition statutes: ORS Chapter 105 (Partition). A partition action can:

• ask for a physical division if the land can be fairly divided; or
• request a sale and division of proceeds when division in kind is impractical.

3) Quiet title and cancellation of defective deeds

If the deed is forged, obtained by fraud, or otherwise void, you can file an action to quiet title or to cancel or rescind the deed. A successful quiet-title action clears the public record and confirms your ownership rights. If you believe the deed was forged or you did not sign the conveyance, preserve all evidence, demand a copy of the recorded instrument, and consult an attorney promptly.

4) Injunctive relief to stop a pending sale or transfer

If a sale is about to close or a transfer is pending and you reasonably believe the instrument is defective or fraudulent, you can seek a temporary injunction or other emergency relief from court to stop recording or transfer until the dispute resolves. Temporary restraining orders and preliminary injunctions are tools courts use to preserve the status quo while the legal issues are decided.

5) Damages, accounting, and other civil claims

When a co-owner acts improperly (for example, misappropriates rental income, wastes shared property, or breaches duties agreed among owners), you may bring civil claims such as accounting, breach of contract, conversion, or unjust enrichment. Remedies can include money damages, equitable relief, and a court-ordered accounting of receipts and expenses related to the property.

6) Criminal remedies for fraud, forgery, or theft

If the deed was forged or the sale involved criminal conduct (forgery, identity theft, or fraud), you can file a police report and ask prosecutors to consider criminal charges. Criminal prosecution is independent of civil claims but can support your civil case.

7) Effect on buyers and title insurance

A buyer who purchased a co-owner’s interest without actual notice of another owner generally receives whatever interest the seller possessed. Title insurance, if in place, may cover certain losses, but coverage depends on the policy’s terms and exceptions. If a buyer obtains title insurance and a prior co-owner’s claim proves valid, the insurer may defend or indemnify under the policy.

Typical next steps — a practical checklist

1. Obtain a certified copy of the recorded deed and chain of title from the county recorder’s office.
2. Confirm how title is held (joint tenancy with right of survivorship, tenancy in common, tenants by the entirety, corporation, etc.). The legal consequence differs by form of ownership.
3. If a deed seems forged or contains false signatures, preserve the original recorded instrument, make copies, and document how you learned of the conveyance.
4. Contact a real estate attorney experienced in co-ownership disputes to review title and advise on whether to pursue partition, quiet title, cancellation, or emergency injunctive relief.
5. Consider title insurance claims if a policy exists, and consider filing a police report for forgery or fraud if criminal conduct is suspected.
6. Act promptly. Time limits and equitable rights may change with delay.

Hypothetical example (illustrates common outcomes)

Two siblings own an undivided 50/50 interest as tenants in common. One sibling signs a deed that purports to convey the entire property to a buyer without the other sibling’s signature. If the deed is valid only as to the selling sibling’s share, the buyer receives a 50% undivided interest and the non-selling sibling remains co-owner of the other 50%. The non-selling sibling can sue for partition to force a sale or division, and may also challenge the deed if it was fraudulently altered to show a transfer of full title.

Helpful Hints

• Check recorded documents first: the county recorder’s records establish constructive notice to the world.
• Confirm the form of ownership. Joint tenancy and tenancy in common carry different consequences.
• Preserve evidence: save emails, letters, text messages, and any documents showing who signed what and when.
• If a closing is imminent, ask a lawyer about emergency injunctive relief to stop the sale.
• If you suspect forgery or identity theft, involve law enforcement as well as civil counsel.
• Consider mediation if parties are willing; it can be faster and cheaper than litigation for co-owner disputes.
• Title insurance may provide a path to recovery for insured losses; gather any policy paperwork early.

Where to read the law: Oregon’s statutes on partition and related procedures are collected in ORS Chapter 105. See: ORS Chapter 105 (Partition). For forms, local rules, and court procedures, see the Oregon Judicial Department: courts.oregon.gov.

Final note and disclaimer: This article explains common legal concepts in Oregon as an educational resource. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Oregon attorney promptly.