Detailed answer — step-by-step overview

When co-owners disagree about shared real property and cannot partition the property by agreement, one co-owner can ask the Wyoming district court to order partition. If the court finds partition in kind impractical, it will usually order sale. The court commonly appoints a neutral officer (often called a commissioner or master) to manage the sale, including a private sale when appropriate.

1. Filing and court order

One co-owner files a partition action in the district court. The court decides whether to physically divide the property (partition in kind) or order sale (partition by sale). If the court orders a sale and chooses a private sale, the order will describe the commissioner’s authority and the sale process the commissioner must follow.

2. Appointment of the commissioner and scope of authority

The court appoints a commissioner to carry out sale-related tasks. Typical powers include hiring appraisers or brokers, advertising or negotiating terms, receiving offers, executing contracts on behalf of the court, and reporting back to the court for confirmation of the sale. The court order sets any limits — for example, minimum acceptable price, deadlines, or whether co-owners get a right of first refusal.

3. Appraisal, marketing, and solicitation of offers

The commissioner usually obtains one or more appraisals or recommendations about value. For a private sale, the commissioner will solicit and consider offers from third parties and sometimes from co-owners. The commissioner must act in good faith, seek a fair market price, and follow the directions from the court order.

4. Offers, negotiations, and acceptance

When offers arrive, the commissioner will evaluate them against the court’s instructions (minimum price, terms, contingencies). If the commissioner accepts an offer, the sale contract typically becomes subject to court confirmation. The commissioner cannot complete the final deed transfer without court approval (unless the court order gives express closing authority).

5. Court confirmation hearing

The commissioner files a report with the court describing the sale, offers, and recommended distribution of proceeds. The court schedules a confirmation hearing where any co-owner or interested party can object — for example, arguing that the sale price was too low or the commissioner failed to follow instructions. If the court confirms the sale, it issues an order authorizing closing and directing distribution of net proceeds after liens, taxes, and sale costs are paid.

6. Closing, distribution, and accounting

After confirmation, the sale closes. The commissioner or another designated official handles transfer and settlement. The commissioner prepares an accounting showing sale price, commissions, fees, mortgage payoffs, property taxes, costs, and net proceeds. The court approves the accounting and directs how to divide the net proceeds among the co-owners according to ownership shares, liens, and any court judgments.

7. Rights and protections for co-owners

Co-owners retain several protections: notice of the sale and hearing; the chance to object to the sale terms or the commissioner’s conduct; and sometimes a right to purchase the property at the offered price (buyout) if allowed by the court. The court weighs objections and can reject or require modification of a sale if it finds the process unfair or the price unreasonably low.

8. Costs, liens, and priority

Sale proceeds generally pay off recorded liens (mortgages), property taxes, and sale costs before owners receive distributions. If one co-owner filed the partition action, the court may allocate costs and attorney fees between the parties based on the equities of the case.

9. Timeline and appeals

Timelines vary. Partition actions can take months to over a year, depending on complexity, appraisal and marketing time, and the court’s calendar. A co-owner who objects to the final order may have appellate rights under Wyoming appellate procedure, but appeals add time and risk.

Wyoming specifics and where to look for official rules

Wyoming district courts handle partition actions. Procedural rules and local practices can affect appointment of commissioners, notice requirements, and how confirmation hearings proceed. For procedural rules and forms, consult the Wyoming Judicial Branch website and the Wyoming statutes and court rules governing civil practice. For general court information see the Wyoming Judicial Branch at https://www.courts.state.wy.us/.

Because statutes and local rules change, talk with a Wyoming attorney about how the court in your county handles commissioners and private sales.

Important: This explanation summarizes typical practice. The court’s specific order and Wyoming civil procedure control the exact steps in any given case.

Helpful hints — practical steps to protect your interests

• Get legal advice early. An attorney can review the court order and commissioner’s duties and raise objections if the process seems unfair.
• Request copies of appraisals and marketing materials to verify the commissioner sought a reasonable price.
• If you want to keep the property, consider making a competing buyout offer or negotiate with co‑owners before the sale becomes final.
• Preserve evidence. Keep records of communications, offers, and any statements by the commissioner or co‑owners relevant to sale terms.
• Attend the confirmation hearing or file written objections if you believe the sale is improper or the price is unreasonably low.
• Understand costs. Sale expenses, commissions, outstanding mortgages, and taxes typically come out of the sale proceeds before distributions.
• Ask whether the court gave the commissioner authority to accept offers below appraised value or whether the court must approve any sale.
• Consider mediation. Courts sometimes encourage or require mediation to resolve disputes before ordering sale, which can save time and money.
• Check deadlines for appeal if the court confirms a sale and you plan to challenge it — missing an appeal deadline can forfeit rights.