Dividing or Forcing the Sale of Co-Owned Farmland in Wyoming — What to Expect

Short answer: Wyoming law allows a co-owner to ask a court to divide co-owned real property or order a sale (a “partition” action). The process begins with investigation and negotiation, and if those fail, a petition in district court can result in either division of the land among owners or a court-ordered sale with proceeds distributed to the owners. This article explains the typical steps, key legal and practical issues, and how to prepare.

Disclaimer: I am not a lawyer. This is educational information and not legal advice. For legal advice about your situation, contact a licensed Wyoming attorney.

1. Basic legal concepts you need to know

Tenancy in common vs. joint tenancy: Most co-owned farmland is held as tenants in common (each owner has an individual share that can be sold or inherited). Joint tenancy includes a right of survivorship that changes what happens at death. How the ownership is titled affects rights and remedies.
Partition: The court-driven remedy to divide property among co-owners or, if division is impractical or unfair, to force a sale and divide proceeds. Wyoming provides statutory and equitable remedies through the district courts; see the Wyoming statutes and district court rules for procedures (Wyoming Legislature: https://wyoleg.gov/statutes; Wyoming Judicial Branch: https://www.courts.state.wy.us).
Mineral, water, and lease interests: Surface ownership can be separate from mineral rights. Farm leases, grazing rights, conservation programs (e.g., CRP), and FSA payments can affect value and the court’s division or sale plan.

2. Typical steps before filing a partition action (try to resolve without court)

Gather documents: deed, chain of title, surveys, tax records, leases, mortgages, conservation easements, and copies of any written agreements among owners.
Clarify ownership shares: determine percentage interests recorded in the deed or by agreement.
Attempt negotiation: propose buyout, sale to a third party, or a division plan. Many disputes resolve by one owner buying out the others or by agreed division.
Use mediation: A neutral mediator experienced in farm or real property matters can often produce a quicker, cheaper settlement than litigation.

3. Filing a partition action in Wyoming district court

If negotiation fails, any co-owner may file a partition lawsuit in the district court of the county where the land is located. The key steps are:

Prepare and file a complaint for partition naming all known co-owners and claiming the property by legal description.
Serve the complaint: all co-owners and necessary lienholders (mortgagees, judgment creditors) must be served so the court can adjudicate rights.
Defendants may file answers, counterclaims, or claims asserting offsets (for example, that another owner owes money for upkeep or has been unjustly enriched).
Court will address jurisdictional and title questions; parties may present competing claims to ownership or to different shares.

4. Partition in kind vs. partition by sale

The court will typically consider whether the property can be physically divided (partition in kind) without materially harming value or one owner’s interest. If fair division is not practical, the court will order a sale and distribute proceeds.

Partition in kind: The land is divided into separate parcels that correspond to each owner’s share. This requires surveys, plats, and sometimes boundary adjustments or rights-of-way to preserve access. Courts consider whether division will leave uneconomic parcels.
Partition by sale: If division would be impractical, inequitable, or would severely reduce value (common with single-family homes or highly-improved farmland with shared improvements), the court orders sale. The court may appoint a commissioner or special master to sell the property, often at public auction or by private sale approved by the court.

5. Who splits costs and pays debts?

The court allocates costs, liens, taxes, and mortgages before distributing net proceeds. If there are outstanding mortgages, lienholders have priority. The partitioning process typically accounts for:

Mortgage payoff and lien satisfaction
Property taxes and assessments
Costs of surveying, platting, advertising and conducting a sale, and commissioner or special master fees
Attorney fees and court costs—Wyoming law and the court’s discretion control whether attorneys’ fees are awarded to a prevailing party.

6. Practical farmland issues the court and owners must address

Access and rights-of-way: If division leaves a parcel landlocked, the court or owners must create easements for legal access.
Water rights: In western states like Wyoming, water rights attach to land and are often separable from surface ownership; clarify priority and transferability before dividing or selling.
Leases and farm program contracts: Active lease terms (tenant farmers, grazing leases) and federal program contracts (FSA, CRP) affect saleability and may need notice, termination steps, or assignment.
Improvements and equipment: The court may treat buildings, fences, irrigation systems, and fixtures as part of the real estate or as items to be equitably divided or credited when distributing proceeds.

7. Timeline and costs — what to expect

Litigated partition actions commonly take several months to more than a year, depending on complexity, contested title issues, appraisals, surveys, and the court’s schedule. Costs include filing fees, survey and appraisal fees, commissioner fees, advertising costs for sale, and attorney fees. Litigation is typically more expensive and slower than negotiated solutions.

8. Common defenses and disputes to expect

Disputes about ownership shares or chain of title
Allegations that one co-owner has exclusive possession and owes rent or compensation
Claims that a co-owner agreed to buy out others or that part of the land is subject to an easement or conservation restriction
Delay or laches claims if a co-owner waited a long time to file suit

9. How to prepare if you’re considering a partition action

Collect deeds, title reports, survey maps, tax bills, leases, mortgage documents, and any written agreements among owners.
Get an independent appraisal to understand market value and how an in-kind division would affect that value.
Talk to the other owners about buyout or sale options and consider mediation before filing suit.
Identify special interests (mineral rights, water rights, program contracts) and consult professionals (surveyor, appraiser, farm program specialist) to estimate the practical effect of division or sale.

10. When to hire an attorney

If negotiation fails, title is unclear, lienholders exist, leases or federal programs complicate use, or ownership involves multiple heirs in different places, consult a Wyoming attorney experienced in real property litigation and partition actions. An attorney can prepare pleadings, handle service, coordinate surveys and appraisals, and represent you at hearing and sale. If you want to avoid litigation, an attorney or mediator can draft buyout or settlement agreements that reduce costs.

Helpful Hints

Try to resolve disputes early. A well-documented buyout or sale agreement usually costs far less than a partition lawsuit.
Order a current title search and boundary survey before serious negotiations.
Consider mediation: courts often encourage or require alternative dispute resolution for property disputes.
Document farm income, expenses, and contributions: courts consider equitable credits where one owner paid taxes, mortgage, or improvement costs.
Watch for non-land assets tied to the farm (equipment, livestock) and sort them out in any settlement or lawsuit complaint.
Remember federal program rules—ending a CRP contract or transferring FSA payments can trigger penalties or restrictions; consult the agency if such programs apply.
Confirm mineral and water rights: these can materially change the value and division options.

For the governing Wyoming statutes and procedural rules, consult the Wyoming Legislature’s statutes and the Wyoming Judicial Branch: Wyoming Statutes (wyoleg.gov) and Wyoming Judicial Branch (courts.state.wy.us). These sources contain the current statutory language, local court rules, and forms that control partition procedure in Wyoming.

If you want help finding a Wyoming attorney who handles partition of land and farm disputes, many county bar associations or the Wyoming State Bar can provide referrals. If you decide to proceed, bring all deeds, surveys, leases, tax records, and correspondence with co-owners to your first meeting.