Detailed Answer

Short answer: The petitioners in a Wyoming partition lawsuit should be the person or people who actually seek the court’s action to divide or sell real property — typically the co-owner(s) asking for partition. That usually means the co-owner(s) bringing the suit (individual owners, trustees, personal representatives, or authorized officers for entities). You must also identify other persons or entities with a recorded or claimed interest so the court can join or notify them.

Who counts as a petitioner in a Wyoming partition action?

In plain terms, petitioners are those who start the lawsuit and ask the court to partition (divide) or order the sale of the property. In Wyoming, petitioners commonly include:

Individual co-owners (tenants in common or joint tenants) who want the property divided or sold.
A trustee who holds legal title on behalf of a trust, if the trustee seeks partition.
The personal representative or executor of a decedent’s estate, if the estate is a co-owner and seeks partition.
An authorized officer or manager of an entity (corporation, LLC, partnership) that owns the property, when the entity wants partition.
A guardian or conservator who has legal authority to act for a minor or incapacitated person that owns an interest in the property.

Who else must be named or joined (and why)?

Wyoming courts require that all persons or entities with an ownership or other legally recognized interest in the property be identified so they can be given notice and an opportunity to participate. These include:

Other co-owners (required parties). If you omit a co-owner the court may later refuse to divide title or may require additional proceedings.
Mortgagees, lienholders, judgment creditors, and anyone who claims an encumbrance on the property — they often must be joined or at least served as defendants because their rights affect partition and proceeds.
Tenants in possession who may have possessory claims.
Unknown heirs or missing persons — the complaint should identify them so the court can order service by publication if needed.

How to list petitioners (practical points)

Name petitioners exactly as they appear in title or organizational documents (full legal names for people; full legal entity names and state of organization for companies).
If a petitioner is acting in a representative capacity, show that capacity in the caption — e.g., “Jane Smith, Personal Representative of the Estate of John Doe” or “ABC Trust, by John Trustee, Trustee.”
If a petitioner is a minor or incapacitated, list the guardian or conservator as petitioner or co-petitioner with a note explaining authority to act for the ward.
State each petitioner’s interest in the property in the body of the petition (percentage, deed reference, or how ownership is claimed).
Include a legal description of the property and any recorded instruments (deed book/page or county recorder references) to clarify title and parties’ rights.

Authority and required parties under Wyoming law

Wyoming law governs civil actions and how parties must be joined in property suits. Partition lawsuits must identify persons with ownership or encumbrance interests so the court can determine rights and distribute proceeds or effect a division. For statutory text and related procedure, consult the Wyoming statutes and the Wyoming Rules of Civil Procedure on joinder and service. See the Wyoming Statutes online for relevant provisions and procedures: https://wyoleg.gov/statutes.

Common pitfalls to avoid

Do not list only yourself unless you truly are the only owner. Omitting co-owners or lienholders can delay the case or require refiling.
Do not assume a trust beneficiary is the party to sue — the trustee holds legal title and typically is the correct party.
Don’t name an entity without showing the authority of the person signing for it (board resolution, certificate, or meeting minutes may be required).
If any party is deceased, avoid naming the decedent alone; instead name the personal representative or conservator appointed for the estate.

Example hypotheticals (to illustrate who to list)

Example A: Two siblings own a vacation cabin as tenants in common. One sibling wants the court to divide or force sale. Petitioners: the sibling filing the action (listed by full legal name) — defendants: the other sibling and any recorded mortgagee.

Example B: Real estate titled in “Maple Family Trust,” with John Trustee as trustee. Petitioners: John Trustee, as trustee of the Maple Family Trust (list trustee name and that capacity). Defendants: any co-trustees, trust beneficiaries (if required), and lienholders.

Example C: Property was co-owned by an individual who has died. The estate’s executor wants partition. Petitioners: The executor in representative capacity (Jane Doe, Executor of the Estate of John Doe). Defendants: surviving co-owners, heirs if applicable, and lienholders.

What the petition should include (minimum items)

Clear caption listing petitioner(s) by full legal name and capacity (if representative).
Names and addresses of all other persons or entities with claimed interests (so they can be served).
Legal description of the property and recording references.
Statement of each party’s claimed ownership share or interest.
Relief requested — partition in kind, partition by sale, or accounting for rents/expenses.

Helpful Hints

Do a complete title search before filing. That helps you identify all co-owners, creditors, and encumbrances that must be named.
If property is held by a trust or entity, list the legal title holder (trustee or entity). Beneficiaries or members often are not petitioners unless they hold title.
If you represent a minor or incapacitated owner, get court authority (guardian/conservator appointment) before filing or include that appointment paperwork with the petition.
When owners are missing or unknown, the court can allow service by publication — prepare affidavits showing reasonable efforts to locate them.
Talk to a Wyoming real property attorney or title company if the chain of title or the list of parties is unclear. Mistakes in party listing cause delays and extra cost.
Consider mediation or negotiated buyouts with co-owners before filing; partition suits are often costly and destructive to relationships.

Disclaimer: This article explains general principles about who to list as petitioners in a Wyoming partition suit and is for educational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Wyoming attorney who can review your title, the facts, and applicable Wyoming statutes and court rules.