Detailed Answer

Overview. When co-owners of real property in Wyoming cannot agree on dividing or selling the property, any co-owner may ask a court to divide the property or order its sale through a partition action in district court. A partition lawsuit forces a judicial resolution when negotiation, buyouts, or mediation fail.

Where to file and basic jurisdiction

In Wyoming, partition actions are filed in the district court for the county where the property is located. District courts handle equitable relief involving title, division, and sale of land. For court rules and filing information, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/.

Who can start a partition action

Any person who has a legal or equitable interest in real property as a co-owner (tenants in common, joint tenants, owners in a tenancy by the entirety where applicable, or co-owners with undivided interests) can start a partition action.

Typical steps and what to include in the complaint

Below are the common steps in a Wyoming partition suit and what the complaint generally must allege and request:

1. Case preparation and title documents. Gather the deed(s), title report, mortgages or liens, trust documents, wills or probate records (if the interest came from an estate), and any written agreements among the owners (e.g., buy-sell or co-ownership agreements).
2. Draft the complaint. The complaint should identify the property by legal description, name all known co-owners and lienholders as defendants, state each plaintiff’s interest or share in the property, explain that the owners cannot agree on division or sale, and ask the court for partition (in kind) or, if division in kind is impractical, for sale and division of proceeds. The complaint may also ask for temporary relief (possession, accounting for rents, or preliminary injunction) and for costs, appraisal and commissioner fees, and attorney fees if the law or contract allows.
3. Service of process. Serve each defendant in the manner required by Wyoming law and the Wyoming Rules of Civil Procedure. Proper service gives the court authority to proceed against absent or noncooperative owners.
4. Response, defaults, and temporary hearings. Defendants typically have time to respond. If a defendant does not answer, the plaintiff may move for default and request partition by default procedures. The court can hold temporary hearings to decide possession, payment of taxes, insurance, or other urgent matters.
5. Determination whether partition in kind is feasible. The court examines whether the property can be fairly divided physically (partition in kind). If the property can be divided without materially impairing value or practicability, the court may order division. If not feasible—such as with a single-family home on one lot—the court usually orders a sale and division of proceeds.
6. Appointment of commissioners or special masters. Courts commonly appoint commissioners, referees, or a special master to examine the property, prepare maps or plats, recommend a scheme of division, or supervise a sale. Commissioners will prepare reports and may take testimony and evidence.
7. Sale procedure (if ordered). If sale is ordered, the court will supervise or authorize a sale—often by public auction or court-ordered real estate sale—subject to payment of liens and costs. The court will approve the sale, confirm sale proceeds, and direct distribution.
8. Accounting and distribution. The court orders an accounting: pays secured liens (mortgages, tax liens), pays costs (appraisal, commission, advertising, court costs), and distributes any remaining proceeds among owners according to their ownership shares. If one co-owner is entitled to compensation for improvements or for waste, the court will account for that as part of equitable distribution.
9. Final decree and recordation. The court enters a final decree quieting title according to the partition (divided parcels or sale purchaser) and directing recordation of the new deeds or distribution. That decree settles ownership on the public record.

Common legal and factual issues

Liens and mortgages. Mortgage holders and lien claimants must be made parties or otherwise accounted for; liens typically survive partition and are paid from sale proceeds in priority order.
Agreements among owners. A written co-ownership or buy-sell agreement may limit or modify the right to partition—courts enforce valid agreements.
Homestead, family, or statutory exemptions. Certain statutory or family protections may affect the timing or form of partition; raise these issues early.
Costs and attorney fees. Generally each party pays their own attorney fees unless statute or contract provides otherwise, or the court awards fees for equitable reasons.

Estimated timeline and likely costs

Timeline: a straightforward partition with cooperative parties can take several months. A contested partition that requires surveys, appraisals, multiple hearings, or appeals can take a year or longer.

Costs: expect court filing fees, service fees, survey and appraisal costs, commissioner or special master fees, title searches, advertising for sale, and attorneys’ fees. Costs vary widely depending on property complexity and court proceedings.

Appeals and post-judgment steps

Either party can appeal final orders within the statutory period if there are legal errors. Post-judgment, ensure the court’s decree is recorded with the county recorder to clear title and reflect the new ownership.

For links to Wyoming legal resources and rules of procedure, visit:

Wyoming Judicial Branch: https://www.courts.state.wy.us/
Wyoming Legislature (statutes search and code): https://wyoleg.gov/statutes/

When to hire an attorney

Consider hiring a property or civil litigation attorney if:

Title is complicated, or there are competing claims.
There are mortgages, tax liens, or third-party creditors.
Parties are hostile or one owner refuses to cooperate.
Significant tax, accounting, or valuation issues exist.

An attorney can draft pleadings, handle service, represent you at hearings, negotiate buyouts, and help the court implement a practical partition plan.

Disclaimer

This article is informational only and does not constitute legal advice. Laws change and outcomes turn on facts. Consult a licensed Wyoming attorney about your specific situation.

Helpful Hints

Collect deeds, title insurance, mortgage statements, tax bills, insurance policies, and any written co-ownership agreements before filing.
Request a current title report early; identify all lienholders and their contact information to include them in the lawsuit.
Consider mediation or a buyout offer before filing; courts often encourage settlement and it saves time and money.
Get a preliminary market valuation or appraisal to know whether partition in kind is realistic.
Be prepared to pay necessary costs (appraisal, survey, advertising) even if you later recover some costs from the proceeds.
If you occupy the property, document payments for mortgage, taxes, insurance, and improvements; the court may credit or charge these items in its accounting.
Ask the court for interim relief if other co-owners are damaging, wasting, or improperly using the property.
Discuss tax consequences of a sale with a tax advisor—capital gains and 1031 exchange eligibility can affect net proceeds.
Keep communications written (emails, letters) with co-owners to create a record of offers, refusals, and agreements.
If you’re on a tight timeline (probate deadlines, foreclosure, tax sale), act promptly—some remedies are time-sensitive.

For help locating a Wyoming attorney experienced in real property and partition actions, check the Wyoming State Bar referral resources or contact your local district court clerk for procedural forms and filing information.

Key resources: Wyoming Judicial Branch (https://www.courts.state.wy.us/) and Wyoming Legislature statutes page (https://wyoleg.gov/statutes/).