Detailed Answer — How to start a partition lawsuit under Wyoming law

Overview. A partition action is a court process that divides or sells real property owned jointly when the co-owners cannot agree. In Wyoming, any co-owner who wants the property divided or sold can ask a district court for partition. The court can order a physical division (partition in kind) when it is fair and practicable, or it can order a sale and divide the proceeds when division is impractical.

Authority. Partition actions are handled as civil matters in Wyoming district courts. For statutory text and governing rules, start with the Wyoming statutes and the Wyoming Rules of Civil Procedure available from the Wyoming Legislature website: https://wyoleg.gov/statutes. County district court local rules and the Wyoming Rules of Civil Procedure will govern procedures and filings in the specific court where the land sits.

Step-by-step process

1. Confirm ownership and standing.

   Only a person with an ownership interest in the property (a co-tenant, heir with title, beneficiary with legal title, or someone with recorded interest) can bring a partition action. Gather deeds, the decedent’s will or probate documents, and any title insurance or county assessor records showing ownership shares.

2. Try voluntary resolution first.

   Courts expect parties to try to resolve disputes before asking a judge to divide property. Offer buyouts, mediation, or a managed sale. If your relatives persistently refuse, document your attempts to reach agreement—emails, certified letters, and mediation records help demonstrate you tried to settle without court involvement.

3. Prepare and file a complaint for partition in the district court where the property lies.

   The complaint should identify: the property (legal description), the plaintiff’s interest, the names and addresses of all co-owners (defendants), and a clear prayer asking the court to partition the property in kind or to sell it and distribute proceeds. Attach copies of deeds and probate documents. You will need to pay a filing fee or request a fee waiver if eligible.

4. Serve all parties and allow time to respond.

   After filing, you must legally serve every co-owner with the complaint and summons. If any co-owner cannot be located, Wyoming law allows substituted service or publication in limited circumstances—ask the clerk or an attorney about the correct method for your case.

5. Preliminary court steps: pleadings, discovery, and valuation.

   Parties may exchange information about the property (title, surveys, tax status, improvements, mortgages, liens). The court often orders a property valuation or appraisal to determine fair market value and to decide whether division in kind is practical. The parties can request appointment of a commissioner, appraiser, or receiver as needed.

6. Request partition in kind or sale.

   If the court finds the land can be divided without materially reducing value or unfairly burdening a co-owner, it may partition in kind—physically divide the property so each owner receives a portion. If physical division is impracticable (because of size, access, or shape), the court typically orders a sale and divides the proceeds according to ownership shares after paying liens, taxes, and costs.

7. Implementation: commission, sale, or division.

   The court may appoint a commissioner to carry out the division or sale. For sales, the commissioner or sheriff may sell at public auction or by private sale under court supervision. After sale, the court oversees payoff of mortgages, liens, and expenses, then distributes the remainder to owners according to their shares.

8. Costs, liens, and bad-actor conduct.

   The court normally charges each party court costs and prorates sale expenses. If a co-owner has outstanding liens (mortgage, mechanic’s lien, or judgment), those must be paid from sale proceeds before owners get their shares. In some situations, courts may award attorney fees or costs against a party who acted in bad faith, but that is discretionary.

9. Final decree and recording.

   When the court issues its final partition order, the clerk will enter the decree. For partition in kind, deeds or new legal descriptions may be prepared and recorded with the county recorder to reflect each owner’s new parcel. For sales, county records will show transfer to the buyer and distribution of proceeds to claimants as ordered.

Typical documents and information you should gather

• Recorded deed(s) showing current ownership and legal description of the property.
• Probate records, will, letters testamentary or letters of administration if the property passed through probate.
• Title report or title insurance policy if available; county assessor parcel number and tax records.
• Survey or plat of the property, easements, and any recorded restrictions.
• Information on mortgages, liens, unpaid taxes, or outstanding assessments.
• Communications showing attempts to resolve the dispute (letters, emails, mediation agreements).

Practical considerations and common complications in Wyoming

• Partition in kind may be impossible if the tract is small, irregular, or subject to access issues; courts often favor sale in those cases.
• Boundary disputes or unrecorded agreements among heirs can complicate title and may require additional quiet-title claims.
• Mortgages and recorded liens survive partition and must be addressed—lenders may insist on payoff at sale.
• Tax consequences: sale proceeds may trigger capital gains tax or estate-related tax issues depending on basis and the estate’s handling in probate. Consult a tax professional.
• Timing: partition cases can take several months to more than a year depending on complexity, the need for appraisals, discovery disputes, and court schedules.

Where to file and how to find local rules

File the complaint in the Wyoming district court in the county where the property is located. Each district court has local rules and a clerk’s office that can explain filing requirements, fees, and local procedures. See the Wyoming Judicial Branch site for links to district courts: https://www.courts.state.wy.us. For statutory guidance, begin with the Wyoming Legislature statutes page: https://wyoleg.gov/statutes.

When to hire an attorney

If your relatives absolutely refuse to cooperate, if the title is unclear, if significant liens or taxes exist, or if a fair division is likely to be difficult, you should strongly consider hiring a Wyoming attorney experienced in real estate litigation or probate litigation. An attorney will prepare pleadings, advise about service of process, manage discovery, and present arguments about whether division in kind is appropriate or whether sale is required.

Helpful Hints — Practical tips for heirs before and during a partition suit

• Collect and make copies of all title, probate, and tax papers before filing; the court will expect a clear chain of ownership.
• Send a formal written demand to co-owners expressing your request to have the property partitioned; keep proof of delivery.
• Consider mediation or a neutral appraisal early; a fair buyout based on an appraisal can be faster and cheaper than court.
• If you want to keep the property, be prepared to offer cash or financing to buy out other owners at appraised value.
• Research whether any co-owner has homestead rights, life estates, or other special interests that affect division—these complicate partition.
• Ask the district court clerk about pro se filing procedures if you cannot afford a lawyer, but be aware pro se litigation still requires compliance with civil rules.
• Watch statute of limitations issues only if adverse possession or long-quieted claims exist; consult counsel if another party claims ownership rights by long-term possession.
• Expect to pay appraisal, survey, and possibly commissioner fees—include these anticipated costs in any settlement talks so all parties understand net proceeds or costs of maintaining ownership.
• Use certified mail and maintain a timeline of all contact with heirs; documentation helps the court if bad-faith obstruction occurs.

Finding an attorney: Use the Wyoming State Bar Lawyer Referral Service or check the Wyoming State Bar directory to find attorneys who handle partition and real property disputes. The Wyoming State Bar website is a good starting point: https://www.wyomingbar.org.