Detailed Answer — How a co-owner can force the sale of a jointly owned house under Wyoming law
When you own property with two other people and you cannot agree about what to do with the house, Wyoming law generally allows any co-owner to ask a court to divide or sell the property. This remedy is called a partition action. A partition action is a lawsuit filed in the district court in the county where the property is located asking the court to either split the property physically (partition in kind) or, if a fair physical division is not practical, order the property sold and the proceeds divided among the owners.
Key practical steps and legal points:
- Confirm ownership type and shares. Check the deed to determine whether you and the others hold the property as tenants in common or joint tenants with right of survivorship. Most partition actions are brought by co-tenants (commonly tenants in common). The court treats each co-owner according to the legal ownership documented in the title.
- Try negotiation and mediation first. Courts expect co-owners to try to resolve disputes before forcing a sale. Mediation or a formal buyout offer can be faster and much cheaper than litigation. A co-owner might buy out the others, or the parties might agree to sell on the open market and split proceeds.
- Filing a partition action. If negotiation fails, a co-owner files a civil complaint for partition in the Wyoming district court where the property sits. The complaint names all co-owners. The court will give notice and set a schedule. See the Wyoming Legislature and Wyoming courts for filing rules and forms: Wyoming statutes and code (Wyoming Legislature) and Wyoming Judicial Branch.
- Partition in kind vs. sale. The court prefers partition in kind if the property can be divided fairly without harming its value or one owner’s rights. For most single-family homes on a single lot, physical division is often impractical. When division in kind is not feasible, the court orders sale and directs how proceeds will be distributed.
- Appointment of a commissioner or referee. The court frequently appoints a neutral official (a commissioner, referee, or special master) to inspect the property, determine whether a partition in kind is feasible, prepare a plan to divide the property, or handle sale logistics. That officer reports to the court.
- Paying liens, mortgages, and costs. Before dividing net proceeds, the sale pays off liens and mortgages that have priority. The court also allocates costs of the partition action, sale expenses, and sometimes costs associated with maintaining or improving the property.
- Accounting for contributions and credits. The court can adjust each owner’s share to account for payments made by one co-owner (for mortgage, taxes, necessary repairs) or for improvements made by a co-owner. You should bring records (bank statements, cancelled checks, invoices) to prove contributions.
- Injunctions and waste prevention. If a co-owner is damaging the property or removing assets, you can ask the court for temporary orders to stop waste, prevent removal of belongings, or require maintenance. The court can issue equitable remedies to preserve the property during litigation.
- Tax and mortgage consequences. A forced sale can create capital gains issues and may trigger mortgage acceleration clauses. Talk to an accountant and check loan documents before a sale.
- Timing and costs. Partition litigation can take months to more than a year and involves court and attorney fees, appraisal costs, and sale expenses. The seller’s net after costs and any credits will be divided according to court orders.
Where to find the law and local procedures: Wyoming statutes and the Wyoming Judicial Branch publish rules and procedures that govern civil actions and property disputes. Visit the Wyoming Legislature website for the statutes and the Wyoming courts site for local filing procedures and forms: https://wyoleg.gov/statutes/ and https://www.courts.state.wy.us/. Because local practice and judges’ preferences vary, an attorney familiar with Wyoming real property litigation in the county where the property sits can explain how local courts handle partition cases.
Helpful Hints — Practical tips to prepare and improve your outcome
- Gather documents early: deed, title report, mortgage statements, property tax bills, insurance, receipts for major repairs/improvements, and any written agreements among owners.
- Get an appraisal or broker price opinion to know the house’s current market value before negotiating or filing suit.
- Offer a structured buyout: propose a written formula (market value minus liens and costs, then division by ownership share) and a realistic timeline to close—this can lead to a voluntary settlement.
- Consider mediation or arbitration clauses before filing: courts often encourage ADR and some judges require a settlement conference.
- Ask for interim relief if necessary: temporary custody of keys, court orders to stop unauthorized rentals or removal of fixtures, or an order requiring co-owners to share upkeep costs while the case proceeds.
- Keep good records of any money you pay on behalf of the property (mortgage, taxes, utilities, repairs). The court may credit you for these payments.
- Beware of liens and junior mortgages: a sale pays liens in priority order. Confirm who gets paid first and how that affects each owner’s net share.
- Check bank accounts and tax records to understand potential income (rental) or expense liabilities (capital gains) from a sale.
- Ask about a court-ordered partition sale vs. selling on the open market by agreement. Voluntary sale often yields better net proceeds and lower legal fees.
- Consult a Wyoming real property attorney early. An attorney can prepare pleadings, negotiate a buyout, or represent you at settlement conferences and hearings.
Common outcomes and what to expect
Typical outcomes include: an agreed sale and split of proceeds; one co-owner buying out the others; an in-kind partition (rare for single houses on one lot); or a court-ordered sale with proceeds divided after liens, costs, and any credits. Courts aim for fairness but cannot force one owner to live with a house others want to sell.