Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address specific legal concerns.
Detailed Answer
A partition action allows co-owners of real property in Wyoming to divide or sell the property when owners cannot agree on its use or disposal. Under Wyo. Stat. § 1-28-101 et seq. (Chapter 28, Title 1), any co-owner may file a complaint for partition in the district court where the property lies. A court can order either a partition in kind—dividing the land physically among owners—or a partition by sale, where the property is sold and proceeds distributed among owners.
To begin, a co-owner (the plaintiff) files a complaint listing all known title holders as defendants. The court issues summons and all parties may respond. If the parties agree, the court may approve a division plan. Otherwise, the court appoints disinterested commissioners to survey the land and recommend either division or sale. Commissioners must value the property fairly and file a report under Wyo. Stat. § 1-28-104.
If the commissioners recommend division, the court divides the land into plots approximating each owner’s share. If the land is not easily divisible—due to unequal lot quality or improved structures—the court may order sale under Wyo. Stat. § 1-28-106. In a sale, a court-appointed commissioner oversees public auction or sealed bids. After sale, the court deducts costs, fees, and any agreed adjustments, then distributes net proceeds to co-owners based on their ownership interests.
Costs may include court fees, publication costs for notice, appraisal fees, and commissioner compensation. The entire process can span several months, depending on court backlog, property complexity, and whether parties contest valuations or procedures.
Helpful Hints
- Review your deed and title documents to confirm ownership percentages.
- Discuss mediation or buyout options with co-owners before filing suit.
- Gather recent appraisals to help commissioners value the property.
- Estimate court costs, publication fees, and commissioner expenses.
- Be prepared for potential delays if co-owners file objections.
- Consult a real estate attorney early to protect your interests.