Detailed Answer
This section explains, using a simple hypothetical, what legal remedies are typically available in Virginia when one co-owner purports to sell or transfer real property without the other co-owners agreement. This is general information only and not legal advice.
Hypothetical facts (simple)
A and B own a house as co-owners. A signs a deed conveying the property to C without Bs signature or permission. B discovers the deed recorded in the land records. What can B do under Virginia law?
Basic principles of co-ownership and what a unilateral sale means
- If the co-ownership is a tenancy in common, a co-owner may sell or transfer that co-owners individual interest without the other co-owners consent. The buyer takes only the interest the seller actually had (a fractional undivided share), not full title free of the other co-owner. The buyer becomes a co-owner with the remaining co-owner.
- If the ownership is a joint tenancy with right of survivorship, one co-owner generally can convey that co-owners own interest; doing so usually severs the joint tenancy as to that interest and converts the ownership between the parties into tenancy in common (so the buyer gets the sellers former share).
- If the property is held as tenants by the entirety (available only to married couples in Virginia), one spouse generally cannot convey the entire property unilaterally. A deed by one spouse alone typically will not transfer the other spouses interest.
For information about Virginias statutory scheme for property and conveyances, see the Code of Virginia, Title 55.1 (Property and Conveyances):
https://law.lis.virginia.gov/vacode/title55.1/
Immediate practical steps
- Dont panic. A recorded deed does not always end your remedies. Record title, type of ownership, and the deed language matter.
- Obtain a current copy of the deed and the chain of title from the local circuit court clerks land records. Confirm how title is held (tenancy in common, joint tenancy, tenants by entirety).
- Collect documents: original deed(s), wills, marriage documents, powers of attorney, written agreements between co-owners, and any communications about the sale.
- Check the recorded deed for a forged signature, a forged notary, or an improper power of attorney. Evidence of forgery or fraud strengthens claims to set aside the deed.
Common legal remedies in Virginia
1. Ask the court for a partition (sale or partition in kind)
A co-owner can ask a Virginia circuit court to partition the property. Partition is a proceeding that either divides the property physically (partition in kind) if practical, or orders sale and division of the proceeds if partition in kind is impractical. Partition treats each owners share according to interest and is a common remedy when co-owners cannot agree.
Partition actions proceed in the circuit court under Virginia civil procedure rules and equity practice. For general information see Va. Code Title 8.01 (Civil Remedies and Procedure):
https://law.lis.virginia.gov/vacode/title8.01/
2. Quiet title or declaratory judgment
If the deed to the third party clouds title (for example, because the deed was forged or improperly executed), the co-owner can file a quiet title action or declaratory judgment to confirm ownership and clear the recorded title defect. A court can declare the deed void and order the clerks records corrected.
3. Seek rescission or cancellation for fraud, forgery, or lack of capacity
If the deed was obtained by fraud, forgery, or because a co-owner lacked the mental capacity to transfer, the injured co-owner can ask the court to rescind or cancel the deed. Evidence showing a forged signature or fraudulent inducement supports this remedy.
4. Injunctive relief and lis pendens
A co-owner can seek an injunction to halt further transfers, financing, or development while litigation proceeds. In Virginia, filing a complaint that affects title and recording a notice of the lawsuit (a lis pendens or analogous notice) can place a cloud on title and alert potential buyers or lenders.
5. Damages for wrongful conduct
When a co-owners conduct causes loss (for example, wrongful sale that causes costs or lost value), a court may award monetary damages in addition to or instead of equitable relief.
6. When the buyer is a bona fide purchaser for value
Virginia law protects bona fide purchasers in some situations. If the buyer purchased in good faith and without notice of a problem, the buyer may keep what the seller had the right to convey (the sellers fractional interest). The injured co-owners remedy is more typically an action against the seller or an equitable partition including the buyers acquired share.
Timing and urgency
Act quickly. Recording, transfer of funds, or a subsequent mortgage can make remedies more complicated. If you believe a deed is fraudulent or a sale is wrongful, consider seeking an emergency temporary injunction to preserve the status quo while you consult a lawyer and prepare court filings.
Who should bring the action and where
An affected co-owner (the person whose interest was injured) files suit in the Virginia circuit court for the county or city where the property sits. The court has jurisdiction over real property disputes and equity remedies (partition, quiet title, rescission, injunctions).
When a deed may be invalid as to a co-owner
- Recorded deed bears forged signature or counterfeit notary seal.
- Deed executed under a power of attorney that was invalid or exceeded its authority.
- Conveyance by one spouse when the property was owned by the couple as tenants by the entirety.
- Conveyance procured by fraud, duress, or lack of capacity.
Costs and practical considerations
Litigation costs, survey and appraisal fees, and possible appeals can make suits lengthy and expensive. Sometimes negotiating a buyout or mediated settlement can save time and money. But if the deed is fraudulent, court action is often necessary to clear title.
Important links
- Virginia Code, Title 55.1 (Property & Conveyances): https://law.lis.virginia.gov/vacode/title55.1/
- Virginia Code, Title 8.01 (Civil Remedies & Procedure): https://law.lis.virginia.gov/vacode/title8.01/
Disclaimer: This article explains general legal concepts under Virginia law and uses a hypothetical. It is not legal advice. For advice about your specific situation, consult a Virginia-licensed attorney promptly.
Helpful Hints
- Confirm the form of co-ownership by obtaining the recorded deed from the local circuit court clerk.
- If you suspect forgery, preserve originals and take dated photographs of documents and property; do not alter the record.
- File your claim quickly. Prompt action preserves remedies and strengthens requests for emergency relief.
- Consider alternatives to litigation: mediation or a negotiated buyout can be faster and cheaper.
- Ask about a title insurance policy if the property was recently purchased; title insurance may cover certain losses and defense costs.
- If the seller used a power of attorney, request a certified copy of the power of attorney and check whether it was valid and properly recorded.
- Speak with a Virginia real estate attorney about filing a petition for partition, quiet title, or an injunction. Many attorneys offer a short initial consultation to review your documents and options.