Wyoming: What Happens If a Co-Tenant Takes Out a Home Equity Loan or Refinances an Inherited Property Without Your Approval | Wyoming Partition Actions | FastCounsel
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Wyoming: What Happens If a Co-Tenant Takes Out a Home Equity Loan or Refinances an Inherited Property Without Your Approval

Understanding Your Options When a Co-Tenant Encumbers an Inherited Wyoming Property

Detailed answer — what generally happens under Wyoming law

If you co-own an inherited property in Wyoming (most often as tenants in common after inheritance), each co-tenant holds an undivided share of the whole. That means each owner can use or possess the property, but no single co-tenant has the legal right to encumber the entire property without the other owners’ consent.

Key legal points you should know:

  • One co-tenant can mortgage or refinance only their own undivided interest. If a co-tenant signs documents purporting to mortgage the entire property without the other co-owners’ signatures, the mortgage generally attaches only to the signing co-tenant’s share. It does not automatically bind the other co-tenants’ interests.
  • Lenders normally require all owners to sign. A reputable lender who intends to create a lien on the whole property will look at title and require signatures from all recorded owners. If a co-tenant obtains a loan that purports to encumber the whole property, either the lender ignored the title picture (rare) or the loan documents were obtained by fraud (forgery, false statements, or misrepresentation).
  • If a lender relied in good faith on a co-tenant’s apparent authority, the lender’s rights can be more complicated. In some circumstances a lender who acted in good faith may have a lien that is enforceable to the extent of the signing co-tenant’s interest or, in limited scenarios, against the property as a whole depending on the facts and the lender’s remedies. These are fact-specific legal questions that often require a court to sort out.

Common outcomes

  • If the loan was taken out only against the signer’s undivided share, a creditor can foreclose on that share. The likely result is a forced sale of the foreclosed share (often by partition sale), which may lead to the property being sold and the proceeds divided among owners according to their shares.
  • If the co-tenant forged signatures or made false statements to the lender, the lien may be voidable and you will have claims against the co-tenant for fraud, and you may be able to remove the lien through court (quiet title or lien removal) and seek damages.
  • If all owners’ signatures were required and the lender failed to obtain them while relying on false information, a court may set aside the lien or limit the lender to the actual interest validly encumbered. Outcome depends on whether the lender was a bona fide purchaser and other equitable considerations.

Legal remedies in Wyoming

You generally have several legal remedies. The correct mix depends on facts (was there forgery or fraud? did the lender know of other owners? what does title show?). Typical remedies include:

  • Quiet title or lien removal action. Ask the court to declare the lien invalid as to your interest and to remove the encumbrance from the public records.
  • Partition action. If co-ownership is no longer workable, a court can divide the property in kind (rare) or order a sale and divide proceeds. See Wyoming civil procedures for partition remedies; a forced sale can follow foreclosure on the signing co-tenant’s share.
  • Fraud or rescission claims. If the loan was obtained by forgery, false statements, or concealing material facts, you can sue the co-tenant (and sometimes the lender) to rescind the loan, set aside transfers, and recover damages.
  • Injunctions and emergency relief. You may be able to ask a court for a temporary restraining order or preliminary injunction to stop a lender or the co-tenant from completing a sale or disbursing loan proceeds while the dispute is resolved.
  • Criminal complaints. Forgery, fraud, or misappropriation of funds can be criminal. If you have evidence of criminal acts, report them to local law enforcement and the county attorney.

Where to look in Wyoming law

Wyoming follows the usual real property and civil procedure principles that govern mortgages, foreclosure, partition, and remedies for fraud. For statutory text, procedure, and title-recording rules consult the Wyoming legislature’s official code and resources: Wyoming Legislature — Statutes and Resources. For local recording practice, contact the county clerk/recorder’s office where the property is recorded.

Practical next steps — what to do right now

  1. Get a copy of the recorded deed and any recorded mortgage or lien. Pull title records at the county recorder’s office or online. Check exactly whose names appear and what was recorded.
  2. Ask the lender for loan documents and a payoff statement. If a lien was recorded, the lender’s name should be on the recorded document. Request copies to see what was signed and whose signatures appear.
  3. Document everything. Save emails, texts, copies of signed documents, bank account records showing loan proceeds, and any communications with your co-tenant or lender.
  4. Contact a Wyoming real estate or probate attorney promptly. These matters are time-sensitive (foreclosure deadlines, statute of limitations, etc.). An attorney can evaluate whether you should file for injunctive relief, quiet title, partition, or fraud claims.
  5. Consider emergency relief if a sale or foreclosure is imminent. A court can sometimes stop a sale temporarily while the parties sort out rightful ownership and liens.
  6. Report suspected criminal conduct. If you have evidence of forgery, identity theft, or fraud, file a report with local law enforcement and the county attorney’s office.

Helpful hints

  • Check the deed right away to confirm whether you and the co-tenant are listed as tenants in common or in some other form. Tenancy type affects rights and remedies.
  • A forged signature makes the document void as to the forger’s co-tenants and gives you a strong claim for removal of the lien and for damages.
  • Even if a lender appears innocent, a court can limit the lender’s recovery to the signer’s share; lenders are not always fully protected if they ignore title records or make negligent assumptions.
  • Partition sales often force an entire-property sale and can produce less money than voluntary sales. If you wish to keep the property, investigate options to buy out the signing co-tenant or negotiate with the lender.
  • Time matters. Foreclosure schedules, statutory notice periods, and preservation of evidence all impose deadlines—act quickly to protect your rights.

Disclaimer: This article explains general principles of Wyoming property law and is for educational purposes only. It is not legal advice. For guidance tailored to your situation, consult a licensed Wyoming attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.