Disclaimer
This article explains how Wyoming law commonly handles disputes among co-owners and heirs of real property. It is for general informational purposes only and is not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney.
Detailed Answer
When some heirs or co-owners refuse to mediate or will not sign off on a proposed sale, Wyoming law still gives an option to force a sale: a court-ordered partition. A partition action asks a Wyoming district court to divide property among co-owners or to sell it and distribute the proceeds. Courts prefer dividing property in kind when possible, but when physical division is impractical or would unfairly reduce value, the court may order a sale and split the net proceeds among the owners according to their ownership shares.
How partition works in Wyoming
Steps generally include:
- Filing a partition complaint in the appropriate Wyoming district court asking for division or sale of the property.
- Serving all owners and interested parties so they can respond. Everyone with an ownership interest gets notice and the chance to present evidence.
- The court evaluates whether the property can be split fairly. If not, it orders a sale. The court may appoint a commissioner, receiver, or trustee to manage and sell the property and to carry out the sale in a commercially reasonable manner.
- After the sale, the court directs distribution of the proceeds based on ownership shares, after paying liens, mortgage balances, taxes, costs of sale, court costs, and attorneys’ fees as allowed by the court.
Mediation refusal does not block court action
Refusing mediation or withholding a signature does not prevent you from filing for partition. Mediation and settlement remain useful and often faster, but they are voluntary. If negotiation fails, you may petition the court and ask the judge to order a partition by sale. The court can proceed even if some heirs object.
Probate vs. partition
If the property is part of an open probate or held by a personal representative, the executor/administrator may have authority to sell under probate statutes or court approval. If title already passed to heirs (or if co-owners hold title together outside probate), a partition action in district court is the usual method. If the property is in probate, consult the probate code and the probate court to see whether a sale can be ordered there or whether a separate partition action is needed in district court.
Common court orders and remedies
- Partition in kind (physical division), when practical.
- Partition by sale (private sale or auction) when division is impractical or would be unfair.
- Appointment of a commissioner or receiver to manage, market, and sell the property.
- Allocation of sale costs, liens, and mortgage payoffs before distributing net proceeds to owners according to shares.
- In some cases, the court can award attorney fees or costs to a prevailing party if the law or equity supports it.
Practical considerations and likely timeline
Partition actions can take several months to over a year depending on complexity, title issues, mortgages, or contests. Expect costs for court filings, service, appraisal, possible receivership, marketing, and attorneys’ fees. Courts try to ensure a commercially reasonable sale, which may be a private sale confirmed by the court or a public auction, depending on case facts and court orders.
What you should prepare
Before filing, gather these items to present a clear case to the court or lawyer:
- Current deed/title and chain of title showing all owners.
- Any wills, probate documents, or trust instruments if the property came from an estate or trust.
- Mortgage statements, lien documents, tax bills, and insurance information.
- Recent appraisals or market data to show property value.
- Records of attempts to mediate or negotiate, including written offers and communications.
When to consider alternatives to forced sale
A forced sale can be costly and take time. Consider these alternatives first:
- Buyout: One co-owner buys out others at an agreed or appraised value.
- Refinance or take a loan to pay off dissenting owners.
- Enter into a written co-ownership agreement outlining future sale or management rules.
- Voluntary sale with a neutral broker and agreed division of proceeds.
Where to find Wyoming law and forms
Wyoming’s legislative and court resources provide statutes and procedural rules that govern partition and probate. For general statutory references and to search the code, see the Wyoming Legislature website: https://wyoleg.gov. For court rules, local forms, or district court contact info, see the Wyoming Judicial Branch: https://www.courts.state.wy.us.
Consult an attorney
Partition and probate overlap with complex procedural and title issues. A Wyoming litigator or probate attorney can evaluate your documents, estimate likely costs and timelines, and advise whether to pursue mediation, buyout, or a partition action. If you expect to petition the court, ask the attorney about standing, venue, required parties, and whether interim relief (like an injunction against waste or appointment of a receiver) is appropriate.
Helpful Hints
- Document attempts at negotiation and mediation; courts view good-faith efforts favorably.
- Get a professional appraisal early. Evidence of fair market value helps the court and supports settlement or buyout offers.
- Check for mortgages or liens and know who must be paid from sale proceeds.
- Consider a private buyout before filing suit—often cheaper and faster than court action.
- Be ready to fund carrying costs (taxes, insurance, mortgage) while the dispute proceeds.
- Ask an attorney about whether a probate sale (if in probate) or a separate partition action is the correct path in your case.
- Understand that courts generally favor a commercially reasonable sale method—don’t assume a quick forced auction will maximize price.