Detailed Answer
Short summary: When co-owners cannot agree about what to do with jointly owned real property in Wyoming, one or more co-owners can ask the district court to force a partition. A partition action asks the court either to physically divide the property among the owners (partition in kind) or to order the property sold and the proceeds divided (partition by sale). The process begins by filing a complaint in the appropriate Wyoming district court and serving all persons with an ownership interest. The court will resolve ownership disputes, decide whether division in kind is practical, appoint a commissioner if needed, and order division or sale with expenses and liens paid from the proceeds.
1. Confirm the ownership type and try to resolve the dispute first
Start by checking deeds and title documents to determine whether the co-owners hold as tenants in common, joint tenants, or some other arrangement. Most partition cases involve tenants in common because each co-owner has a distinct share that can be partitioned. If owners can reach a written agreement, they can avoid court. Mediation or a negotiated buyout often saves time and expense.
2. When negotiation fails: prepare to file a partition complaint
To initiate a partition action in Wyoming, a co-owner (the plaintiff) files a civil complaint in the district court for the county where the property lies. The complaint should include:
- A clear legal description of the property (from the deed or county assessor records)
- Identification of all co-owners and any other parties with recorded interests (mortgagees, lienholders, judgment creditors, tenants, heirs)
- A statement of the owner’s interest and basis for partition (for example, ownership share and need for division or sale)
- The relief sought (partition in kind, partition by sale, accounting, appointment of a commissioner, and distribution plan)
- Any request for interim relief (for example, asking the court to collect rents or preserve the property)
3. Serve all interested parties
Wyoming law requires that all persons with an interest in the property be made parties to the action and receive proper service of process. That includes co-owners, mortgage holders, lienholders, and anyone who claims an ownership interest. If a party cannot be located, the plaintiff may ask the court for substituted service or service by publication.
4. Court procedure and possible outcomes
After filing and service, the case follows normal civil procedures in district court. Key steps and possible outcomes include:
- Pretrial pleadings and discovery to clarify ownership shares and liens.
- Evidence or hearings to decide whether partition in kind is practicable. Courts prefer partition in kind when a fair physical division is possible without undue prejudice to the owners.
- If division in kind is impractical (for example, a single-family house on a small lot), the court may order partition by sale. The court typically appoints a commissioner or referee to sell the property at public auction or by other means approved by the court.
- Sale proceeds are applied to costs of sale, taxes, fees, mortgage liens, and other encumbrances, with net proceeds distributed to owners according to their interests.
- The court can resolve boundary disputes, remove clouded title, and award an accounting of rents and profits when one co-owner has been occupying or managing the property.
5. Practical and legal considerations specific to Wyoming
Wyoming district courts handle partition actions under general real property and civil procedure law. Owners should be prepared for the court to:
- Order a title search and require that all recorded encumbrances be addressed at sale.
- Set aside a sale price or confirm a purchaser if interested parties bid at auction.
- Require accounting for rents, profits, or waste (damage to the property) before distribution.
To locate Wyoming statutes and related materials, search the Wyoming Legislature site for partition-related statutes: Wyoming Statutes — search: partition. For court procedures and filing information, consult the Wyoming Judiciary: Wyoming Judicial Branch.
6. Costs, timeline, and outcomes
Partition cases vary widely in complexity. Simple uncontested matters may take a few months. Contested cases with title disputes, multiple lienholders, or appraisal litigation can take a year or more. Costs include court filing fees, service costs, appraiser and surveyor fees, commissioner/referee fees, and attorneys’ fees. The court may charge sale costs and administrative expenses against sale proceeds. Courts sometimes award attorneys’ fees or costs if the conduct of a party justifies it, but that depends on the circumstances and local practice.
7. Alternatives to partition litigation
Because partition suits involve expense and risk, consider these alternatives first:
- Negotiated buy-out: one co-owner pays others their shares and takes sole title.
- Private sale by agreement and division of proceeds.
- Mediation or arbitration to reach a consensual solution.
- Refinancing to pay off co-owners or restructure debts.
Hypothetical example: Alice, Ben, and Claire inherit a rural parcel as tenants in common. Ben wants to keep the land; Alice and Claire want a sale. Alice files a partition complaint in the district court where the land is located, names Ben, Claire, and the mortgage holder, and asks for partition by sale. The court orders a title search, finds the mortgage, appoints a commissioner, and later confirms a public sale. The mortgage and sale expenses are paid first; then net proceeds are divided 1/3 to Alice, 1/3 to Ben, and 1/3 to Claire.
Disclaimer: This explanation is educational only and not legal advice. For legal advice about your property, consult a licensed Wyoming attorney who can assess your specific facts.
Helpful Hints
- Check the deed and county records first to confirm how title is held and to list all interested parties.
- Gather documents before filing: deed, mortgage statements, tax bills, lease agreements, and any written agreements among co-owners.
- Try mediation or a written buy-out agreement before filing — courts often encourage settlement.
- Expect the court to prioritize paying liens and sale costs from sale proceeds; mortgages are not erased by partition without payoff.
- Ask the court for interim relief (e.g., appointment of a receiver, order for accounting) if one co-owner is collecting rents or causing waste.
- Hire a local Wyoming attorney early if title issues, multiple lienholders, or complex valuations arise — they know local practice and can help streamline the case.
- Search Wyoming statutes and court rules for up-to-date procedural requirements: wyoleg.gov — partition search.
- Be realistic about costs and timing: litigation can be slow and expensive compared with private settlement options.