Can a co-owner force a sale of family property in Wyoming?
Short answer: Yes. Under Wyoming law, a co-owner of real property can ask a court to partition the property. If the court finds that the land cannot be fairly divided among owners (partition in kind), it can order a sale and divide the proceeds among the co-owners.
Detailed answer — how forced sale (partition) works in Wyoming
When two or more people own the same piece of real estate together (often as tenants in common when property passes to heirs), any co-owner may file a civil action called a partition in the district court where the property is located. The court’s basic options are:
- Partition in kind: physically divide the parcel so each owner receives a portion that matches their ownership share (possible with large parcels that can be split without unfairness);
- Partition by sale: sell the whole property and divide the sale proceeds among the owners according to their ownership shares — typically used when dividing the land fairly is impractical or would substantially reduce value.
Courts prefer partition in kind when it can be done without prejudice to the owners. But if division would be inequitable, impractical, or would destroy the property’s value (for example, a single-house lot, small urban parcel, or property with a single structure), Wyoming courts routinely order a sale.
The typical steps in a Wyoming partition action are:
- File a complaint for partition in the district court where the property is located and name all co-owners and anyone with an interest (mortgage holders, judgment lienholders, tenants, etc.).
- Serve all parties. Those parties can respond, raise defenses, or ask the court to consider alternatives (buyouts, appraisal, mediation).
- Court investigation and evidence: the judge will consider title documents, ownership shares, improvements, liens, and whether an in-kind partition is feasible. The court may appoint a commissioner, master, or referee to examine the property and propose a division or sale plan.
- Decision: if the judge orders a sale, the court usually sets procedures for sale (public auction or brokered sale) and establishes how costs, liens, taxes, and any reimbursements (for contributions or improvements) will be handled before distributing net proceeds.
Liens and mortgages take priority over co-owners’ shares: proceeds typically first satisfy outstanding mortgages, tax liens, and other valid encumbrances. If a co-owner paid more than their share of mortgage or taxes, the court may account for equitable adjustments before distribution.
Possible defenses or alternatives a resisting owner can raise include showing an agreement that prevents sale, a valid deeded restriction, evidence of an unequal contribution entitling them to a larger share, or asking the court to order an in-kind partition or permit a buyout. Courts also consider family situations and may require attempts at negotiation or mediation first.
Statutes and court rules that govern civil actions and procedure apply to partition cases in Wyoming. For the official Wyoming statutes and to locate provisions related to partition and real property actions, consult the Wyoming Statutes at the Wyoming Legislature website: https://wyoleg.gov/statutes. For local court procedures, check the Wyoming Judicial Branch: https://www.courts.state.wy.us.
Example (hypothetical)
Suppose five siblings inherit a single family home as tenants in common. Three siblings want to sell; two want to keep it. Any one sibling can file a partition action. If the court finds the house cannot reasonably be split into five fair lots, it can order sale of the entire house and divide the net proceeds among the siblings after paying mortgage balance, taxes, and sale expenses. A sibling who wants to keep the home could try to buy out the others by paying their respective shares (the court may set a valuation process if owners disagree on price).
Practical steps to take if you are a co-owner wanting a sale
- Confirm how title is held (deed, probate documents). Ownership as tenants in common commonly allows partition suits.
- Communicate in writing with the other owners: propose sale, buyout, or mediation. Courts value attempted resolution.
- Get a current appraisal to understand fair market value before asking the court to order a sale.
- Search title and identify liens, mortgages, unpaid taxes, or prior agreements that could affect distribution.
- Consider mediation or a neutral real estate mediator to avoid litigation costs and delays.
- If litigation is necessary, file a partition complaint in district court and list all parties with an interest in the property.
What to expect on costs and timing
Partition litigation can take several months to over a year depending on complications (multiple parties, existing liens, disputes about valuation or contribution claims). Court-ordered sales add time for marketing and closing. Litigation costs and court fees come out of the estate or are apportioned by the court; sometimes the party seeking partition pays more of the costs, sometimes the court allocates costs based on fairness.
Helpful hints
- Try negotiation first: buyouts and co-owner sales are usually cheaper and faster than court action.
- Get a professional appraisal and at least one broker opinion of value before filing suit.
- Keep thorough records of expenses you paid (mortgage, taxes, repairs) — courts may credit those contributions when dividing proceeds.
- Identify and budget for liens and mortgage payoffs; these will reduce distribution amounts.
- Ask the court about appointing a commissioner or referee to handle sale logistics if ordered; this can speed resolution.
- Consider consulting an attorney who handles real property and partition actions in Wyoming to protect your rights and meet procedural requirements.