Detailed answer — how a Wyoming partition action works and how to file

1. Who may file?

Any person who holds an ownership interest in real property may file for partition. That includes:

• Heirs who receive a fractional or undivided interest through probate or intestacy.
• Tenants in common or co-owners who did not hold title as joint tenants with rights of survivorship.

2. Two main types of partition

• Partition in kind — the court physically divides the property so each owner receives a separate portion. This is preferred when the land can be divided fairly without harming value.
• Partition by sale — the court orders the property sold and divides the net proceeds. Courts order sale when the property cannot be divided fairly, division would substantially reduce value, or when owners agree a sale is appropriate.

3. Practical steps to start a partition action in Wyoming

1. Confirm ownership and interest. Gather the deed, probate papers, will, death certificate, and any documents showing who owns what share.
2. Identify all persons with an interest. Every co-owner, lienholder, mortgagee, and person with a recorded interest in the property must be named (or properly notified) as a defendant in the action. If an heir’s interest passed through probate, include the personal representative or estate records as proof of transfer.
3. Title search and liens. Obtain a title search to identify mortgages, judgments, easements, mineral interests, or other recorded encumbrances that affect the property and must be resolved in the partition process.
4. Choose relief. Decide whether you will ask for partition in kind or sale (or request the court choose). Your complaint should explain why partition in kind is impracticable or why sale is necessary if you seek sale.
5. Prepare and file a complaint for partition. File in the district court in the county where the property is located. The complaint should identify the property, describe each owner’s interest, name all parties, state the relief requested (division or sale), and request appointment of a commissioner or referee to carry out the partition or sale process.
6. Service of process. Serve the complaint and summons on every defendant according to Wyoming civil procedure rules. Proper service is required to bind absent owners or lienholders to the court’s orders.
7. Preliminary orders and temporary relief. You can ask the court for interim relief, such as injunctive protection to prevent waste, sale, or mortgage actions by other owners while the case proceeds.
8. Appraisal and accounting. The court often orders appraisals to determine fair value. A commissioner or referee may be appointed to manage division or to sell the property under court supervision. The court will determine division or sale method, handle payment of liens and costs, and distribute the remainder among owners according to their interests.
9. Distribution of proceeds and priorities. Net sale proceeds first pay costs of sale and the court-appointed officer, then satisfy liens (e.g., mortgages, tax liens) in priority, then are divided among owners based on their ownership shares.

4. How long does it take and what does it cost?

Time and cost vary widely. Simple uncontested partitions can take a few months; contested cases (disputes over ownership, value, liens, or buyout offers) can take a year or more. Costs include filing fees, service fees, appraisal fees, attorney fees, costs for a commissioner or referee, and costs of sale (broker’s commission, closing costs). If you win, the court may allocate some costs among the parties, but you should plan on paying significant expenses up front.

5. Common defenses and complications

• Disputes over who legally owns the interest (title challenges or adverse possession claims).
• Unrecorded agreements between owners (buy-sell agreements, rights of first refusal).
• Outstanding mortgages or liens that must be satisfied or subordinated.
• Complex ownership rights (mineral rights, easements, life estates) that affect how the court divides value.

6. Alternatives to a partition lawsuit

Because partition actions are costly and adversarial, explore alternatives first:

• Negotiate a buyout so one owner purchases others’ interests (use an appraisal).
• Mediation or arbitration to reach a sale or division agreement without court involvement.
• Voluntary sale and private distribution of proceeds per agreement among owners.

7. Where to file and where to get forms and rules

File the complaint in the Wyoming district court in the county where the real property is located. For official information and local filing requirements, consult the Wyoming Judicial Branch: https://www.courts.state.wy.us/. For statutory background and to review Wyoming statutes, use the Wyoming Legislature’s statutes site: https://wyoleg.gov/Statutes.

8. When to hire an attorney

If title is clear, other owners agree, and you can arrange a buyout, you might proceed with limited counsel. But if ownership is disputed, there are mortgages or liens, other heirs are uncooperative, or you seek a court-ordered sale, consult a Wyoming real property litigator. For help locating an attorney, contact the Wyoming State Bar: https://www.wyomingbar.org/.

Important: This is a general guide. Specific statutes, local court rules, and case law affect how a partition action proceeds in Wyoming, and procedures can vary by county.

Helpful Hints

• Obtain a title report before filing — know all recorded interests and liens.
• Get a professional appraisal early to set realistic expectations about value and division.
• Identify and name everyone with a recorded interest to avoid later challenges to the court’s order.
• Consider mediation before filing — courts often favor settlement and it can save time and money.
• Keep records of payments, taxes, improvements, and contributions made to the property — courts consider these when equitably dividing value.
• Be prepared to pay court and appraisal fees up front; factor broker’s commission and closing costs into any sale plan.
• If an heir inherited an interest through probate, bring probate documents to prove the transfer of title or the representative’s authority.
• Ask about tax consequences (capital gains, basis adjustments) before agreeing to sale or buyout; consult a tax professional.