Detailed answer — how this works under West Virginia law

1. First, identify the type of co-ownership

There are common ways multiple people own property:

• Tenancy in common — each owner holds a separate, transferable share that they may sell. A co-owner cannot sell another owner’s share or the whole property without consent.
• Joint tenancy — owners share equal interests and sometimes have rights of survivorship. Still, one joint tenant can sell their own share, but they cannot convey other owners’ interests.
• Tenancy by the entirety — applies to married couples in some circumstances; one spouse generally cannot unilaterally transfer the entire property.

If you are unsure which form applies, check the deed recorded in the county clerk/recorder’s office. That deed language controls the ownership type.

2. What happens if a co-owner conveys the whole property without consent?

Several scenarios can arise:

• If a co-owner signed a deed that purports to transfer the entire property without others’ signatures, that deed usually only transfers the seller’s own share. The buyer takes the seller’s interest subject to the remaining owners’ rights.
• If a deed contains a forged signature or was signed as a result of fraud, a court can set that conveyance aside (rescission) and declare the deed void.
• If the buyer paid value and qualifies as a bona fide purchaser under West Virginia recording rules, the buyer may have stronger title defenses. Recording laws affect priorities; check recorded instruments early.

3. Main legal remedies

The following remedies are typical in West Virginia disputes between co-owners:

1. Quiet title / declaratory judgment: Ask the court to declare who owns the property and remove any wrongful deeds or clouds on title. A quiet title action resolves disputes about ownership and corrects the public record.
2. Partition (forced sale or division): A co-owner can ask the court to partition the property. Courts either divide the property in kind (if practicable) or order a sale and divide proceeds among owners according to their shares. Partition is often the realistic remedy when co-owners cannot co-own peacefully.
3. Injunction or lis pendens: If a sale is pending or a deed was recently recorded, you can seek an injunction to stop further transfers. Filing a lis pendens (notice of pending litigation) can warn potential buyers of a dispute and cloud the title while the case proceeds.
4. Rescission and restitution: If the transfer was procured by fraud, misrepresentation, or forgery, a court can rescind the conveyance and order the wrongdoer to return any proceeds or compensate harmed owners.
5. Damages and possible criminal referral: If the conveyance involved fraud, theft, or forgery, you may pursue civil damages and ask prosecutors to investigate criminal charges.

4. Practical steps to take right away

1. Get a certified copy of the recorded deed at the county clerk/recorder’s office or through the county’s online records.
2. Check the chain of title: who signed, when the deed recorded, and whether the buyer recorded without notice of other owners.
3. Talk to the buyer and the seller — sometimes the sale happened by mistake or there is a simple resolution (e.g., correction deed or buyout).
4. Preserve evidence: keep all documents, communications, and any proof of ownership or lack of consent.
5. Consider filing a lis pendens or asking the court for an emergency injunction if another sale or refinancing is imminent.
6. Contact an attorney experienced in West Virginia real property litigation to evaluate the strength of claims (quiet title, partition, rescission) and how recording law affects the situation.

5. How recording and a buyer’s status matter

Recording laws determine whether a subsequent purchaser takes free of an unrecorded claim. West Virginia’s recording statutes govern priority between competing interests. Whether the buyer was a good faith purchaser who paid value and recorded the deed promptly can change remedies and the difficulty of undoing a sale.

To see West Virginia’s statutes and search for recording and conveyance rules, consult the West Virginia Code at the Legislature’s website: https://code.wvlegislature.gov/.

6. If signatures were forged or documents falsified

Forgery and fraud are both civil and criminal matters. If you reasonably believe a signature was forged:

• Report the forgery to local law enforcement and the county clerk/recorder.
• Bring a quiet title or rescission action in civil court to void the deed and recover any losses.
• Seek emergency relief from the court to prevent further disposition of the property while authorities investigate.

7. Typical timeline and costs

Civil actions (quiet title, partition) can take several months to over a year depending on complexity, opposing parties, and court backlog. Expect filing fees, possible survey or appraisal costs (especially in partition), attorney fees, and court costs. If you qualify, you may be able to seek attorney’s fees from the wrongdoer in some circumstances, but that is not guaranteed.

8. When to hire an attorney

Hire a West Virginia real property attorney if:

• The deed appears forged or fraudulent.
• The buyer claims to be a good faith purchaser and is seeking to remove you from title.
• You want to file quiet title, partition, or seek an injunction.
• Large sums or family property are at stake and you need help protecting rights and evidence.

For court forms and procedural information, see the West Virginia Judiciary: https://www.courtswv.gov/. For statute research, use the West Virginia Code site: https://code.wvlegislature.gov/.

9. Example hypotheticals

Hypothetical A: Two siblings own a house as tenants in common. One sibling signs a deed transferring “the property” to a buyer without the other sibling’s signature. The buyer records the deed. The non-signing sibling can sue to quiet title, ask for partition, and challenge the conveyance if it attempted to transfer more than the selling sibling’s interest. If the deed was forged, the sibling can seek rescission and criminal investigation.

Hypothetical B: Spouses own property as tenants by the entirety. One spouse purportedly sells the property without the other spouse’s signature. That sale will likely be void as to the other spouse because a spouse generally cannot unilaterally convey entire tenancy-by-entirety property. A court could set aside the sale and restore title.

Helpful Hints

• Act quickly. Recording deadlines and the status of subsequent purchasers can change possible remedies.
• Always obtain a certified copy of any recorded deed and review the county land records for liens or prior claims.
• Consider mediation if the buyer or selling co-owner will negotiate a buyout or settlement — it can be faster and cheaper than litigation.
• Preserve all communications (texts, emails, letters) that show consent or lack of consent.
• File a lis pendens in the county where the property lies to warn future purchasers if you intend to sue — an attorney can help ensure you file it correctly and timely.
• If you suspect forgery, contact local law enforcement and the county clerk immediately; criminal charges can support a civil case.
• Don’t sign any documents presented by the buyer or selling co-owner until you speak with a West Virginia real property attorney.