Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Partition allows co-owners to divide or sell jointly owned property. Under Wyoming law, any co-owner may seek a court-ordered partition of real property held in common. However, spouses often hold property as tenants by entirety, which requires both spouses to act together. Separation alone does not change ownership status.
Partition Suits Under Wyoming Law
Wyoming Statutes authorize partition suits. See Wyo. Stat. Ann. § 1-26-101 et seq.. A court may order:
- Partition in kind: physically dividing the property.
- Partition by sale: selling the property and distributing proceeds.
Spousal Ownership and Tenancy by Entirety
Spouses may hold property as tenants by entirety. Under tenancy by entirety, each spouse owns the entire property together, not divided shares. Neither spouse can unilaterally partition property held in this form.
Effect of Separation and Pending Divorce
Separation does not convert tenancy by entirety into tenancy in common. Only a divorce decree can alter spousal ownership status. During divorce proceedings, the court divides property equitably. See Wyo. Stat. Ann. § 20-2-114. Filing a partition suit before divorce may conflict with divorce court orders or judicial economy principles.
Hypothetical: Jane and John hold rental property as tenants by entirety. They separate and Jane seeks to partition the property before divorce. Because the property remains held by entirety, she cannot force partition without John’s consent or a divorce decree.
Helpful Hints
- Verify how title lists property ownership: tenants in common versus entirety.
- Consult an attorney before filing a partition suit.
- Consider mediation or settlement during divorce to divide property.
- Check local rules for filing partition actions in district court.
- Gather deeds, mortgage documents, and tax records early.