Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your situation.
Detailed Answer
Under Wyoming law, any co-owner of land—whether as tenants in common, joint tenants, or co-tenants—may ask the district court to divide (partition) the property. See W.S. 1-8-101. Follow these steps:
1. Confirm Your Ownership Interest
Review your deed or other title documents to verify that you hold an ownership interest. Partition actions apply only to owners or persons with a legal interest in the land.
2. Prepare the Petition
Your petition must include:
- The court’s name (the district court in the county where the land lies).
- A legal description of the property.
- The names and addresses of all co-owners or interested parties.
- A request for either partition in kind (physical division) or partition by sale.
- The percentage interest each party holds.
Hypothetical: If three siblings each own one-third of a ranch, the petition would describe that 100-acre parcel and list each sibling’s share.
3. File the Petition
File your petition with the district court clerk in the county where the property is located. You must pay the applicable filing fee. See W.S. 1-8-102.
4. Serve All Interested Parties
After filing, serve each co-owner with a summons and a copy of the petition. If a party cannot be located or lives out of state, you may publish notice as allowed by W.S. 1-8-104. Standard service rules under the Wyoming Rules of Civil Procedure also apply.
5. Appointment of Commissioners
If parties don’t agree on a division, the court appoints three disinterested commissioners. They inspect the land and propose a division. See W.S. 1-8-107.
6. Report and Objections
The commissioners file a written report with maps and descriptions of each parcel. Co-owners have a limited time to object. If no one objects, the court usually approves the report.
7. Court Decree
The court issues a decree of partition, confirming the division or ordering a sale if division in kind is impractical. Proceeds from a sale are divided according to each party’s interest.
8. Record the Decree
File the court’s decree with the county clerk and recorder to update the land records and finalize ownership changes.
Helpful Hints
- Gather all title documents and deeds before starting.
- Estimate costs: filing fees, commissioner fees, publication costs.
- Discuss partition in kind vs. partition by sale with your co-owners early.
- Keep organized records of service and filings.
- Consider mediation if owners disagree on division.
- Consult an attorney if complex issues arise, such as liens or unequal contributions.