How to Force a Partition Sale of Inherited Property in Wyoming | Wyoming Partition Actions

Short answer

If you and your sibling now own your late father’s house together in Wyoming as co-owners (most commonly as tenants in common), you can ask a Wyoming district court to force a partition sale. The court can either physically divide the land (partition in kind) or order a sale and split the proceeds if division is impractical. Before filing, you must confirm how title passed at your father’s death and gather key documents. This article explains the typical steps, key legal rules under Wyoming law, likely outcomes, and practical tips.

How partition works under Wyoming law

Wyoming law allows co-owners of real property to seek judicial partition. Courts prefer to divide property physically if it can be done fairly, but when physical division would be impractical or would substantially reduce value, the court will order a sale and divide the net proceeds between the owners. You can find the Wyoming partition provisions in the Wyoming statutes on partition (see the relevant chapter in Title 1). For the statutes governing partition, see the Wyoming Statutes: Title 1 (Partition provisions) at https://wyoleg.gov/statutes/compress/title1.pdf. For court procedures and filing locations, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/.

Primary issues to resolve before filing

Title status: Determine whether the property is still titled in your father’s name, was conveyed to both of you by deed before he died, or passed by will/intestate succession. If title remained in your father’s name, you’ll usually need probate or a court order showing the heirs or personal representative before a partition action.
Type of co-ownership: If the deed names both of you as joint tenants with right of survivorship versus tenants in common, survivorship may have already transferred full title to the surviving co-owner(s). Most inherited property ends up as tenants in common among heirs.
Liens and mortgages: Mortgages, tax liens, and other encumbrances will affect whether the court orders sale and how proceeds are split.
Possession and improvements: The court will consider who has occupied the property and who paid for taxes, mortgage, insurance, or improvements; the court can credit or charge co-owners for these contributions when dividing proceeds.

Typical step-by-step process to force a partition sale (Wyoming)

Confirm ownership and clear title questions. Pull the deed(s) from the County Clerk/Recorder, obtain a copy of your father’s death certificate, and locate any will or probate case number. If title is still in your father’s name, consult the probate court process before or simultaneously with partition.
Try negotiation first. Send a written demand asking for sale or offering a buyout. Mediation or a negotiated buyout can save time and legal fees—courts often expect parties to try to resolve disputes before litigation.
Prepare and file a complaint for partition in the appropriate Wyoming district court. The complaint should identify the property, name all co-owners and anyone with recorded interest (mortgagees, lienholders), state why partition is sought, and request partition in kind or in the alternative a sale and division of proceeds. If heirs are suing while title is still in the decedent, list your capacity (e.g., heir, personal representative).
Service and response. Serve all named parties and lienholders. Defendants may assert defenses or claims for credit for improvements, contributions, or equitable adjustments.
Court appointment of a commissioner or referee. If the court orders partition, it will often appoint a commissioner or referee to examine the property and attempt a fair division or oversee a sale. The commissioner will report back to the court.
Partition in kind or sale ordered. If physical division is impractical or would materially reduce value, the court will order a public sale. If the property is sold, the court supervises sale procedures, payment of liens, costs, and distribution of net proceeds among owners according to their ownership shares and any court-ordered credits.
Distribution and closing. After the sale and payment of debts and costs, the court signs an order distributing remaining proceeds to the co-owners.

Common outcomes and practical considerations

Physical division is sometimes possible for large parcels, but for single-family homes on a single lot, courts usually order a sale.
Co-owners who pay mortgage, taxes, insurance, or improve the property may receive credit. The court’s allocation may reflect each owner’s financial contributions and occupation.
Mortgages and liens are typically paid from sale proceeds; a sale usually clears the title of co-owner disputes but not subordinate liens until paid.
Time and cost: Partition litigation can take months to a year or more depending on title questions, whether probate is needed, discovery disputes, and sale scheduling. Expect filing fees, commissioner fees, publication costs for sale, and attorney fees (the court may or may not order an award of attorney fees depending on circumstances).

When you should get a lawyer

Consult an attorney experienced in Wyoming real estate and probate matters if any of these apply:

The deed or title is ambiguous or still in your father’s name.
There are mortgages, tax liens, or disputes about who paid what.
Your sibling refuses to cooperate, threatens eviction, or has removed property from the home.
You want to propose a buyout, set up a formal partition-by-buyout, or need help negotiating credits for improvements or payments.

A lawyer can prepare the complaint, identify necessary defendants (including lienholders and unknown heirs), handle service issues, and represent you at hearings.

Practical checklist: documents and information to gather

Copy of the deed(s) showing current recorded owners.
Death certificate for your father.
Any will, probate filings, or letters testamentary/letters of administration.
Mortgage statements, tax notices, homeowner’s insurance policies, and receipts for major repairs/improvements.
Mortgage payoff or lien searches (county recorder/title company reports).
Records showing who lived in the home and when (utility bills, mail, or occupancy paperwork).

Helpful links and Wyoming resources

Wyoming Statutes (Title 1 and other relevant sections): https://wyoleg.gov/statutes/compress/title1.pdf
Wyoming Judicial Branch (court locations, filings, and self-help resources): https://www.courts.state.wy.us/

Helpful Hints

Open a calm line of communication with your sibling first; a mediated buyout often costs far less than litigation.
Get a preliminary title search so you know every recorded interest the court must address.
Keep records of payments you make (taxes, mortgage, repairs). Courts consider these when allocating proceeds.
Consider whether a co-owner wants to buy you out—if so, a negotiated agreement and quick deed transfer may be the fastest solution.
If the property is income-producing (rental), document rents and expenses; courts adjust shares for rents received and expenses paid.
Ask the court for a sale under judicial supervision to ensure a clean, court-approved sale and clear title transfer to the purchaser.