How the Wyoming Courts Handle Forcing a Sale or Buyout of a Co‑Owned Family Home

Quick overview: If you and a sibling own real property together, Wyoming law allows a co‑owner to ask the district court to divide the property or order its sale so the owners can split the proceeds. The court can also facilitate a buyout where one owner purchases the other’s interest instead of selling the whole property. This article explains the practical steps, what to expect in court, and useful tips to prepare.

Detailed answer — step‑by‑step under Wyoming law

1. Who can file? Any person with an ownership interest in real property (tenants in common, joint tenants in some cases, or co‑owners who hold under the same title) may file a partition action in the Wyoming district court where the property is located. The filing party asks the court to divide the property equitably (partition in kind), or if division is impractical, to sell the property and divide the proceeds.

2. Try to resolve first. Courts expect co‑owners to try negotiating a solution before starting litigation. Common alternatives include: one owner buying the other’s share (a buyout), voluntary sale and split of proceeds, or mediation. Negotiation often saves time, fees, and emotional strain.

3. Gather key documents and information before filing. Collect the deed(s), any mortgage or lien documentation, property tax records, homeowners’ association rules (if any), utility and maintenance expense records, and any written agreements between owners. Obtain a preliminary title report if possible and consider ordering a professional appraisal to establish value.

4. File a partition complaint in district court. If negotiation fails, you file a complaint (petition) in the Wyoming district court for the county where the property sits. The complaint should describe the property, list all owners and interested parties (mortgage holders, lienholders, and anyone with a recorded interest), state your ownership claim, and request either partition in kind or a sale and distribution of proceeds. The court serves all defendants and interested parties so they can respond.

5. Court process and possible outcomes.

• Answer and pleadings: Co‑owners and lienholders may respond and raise defenses or cross‑claims.
• Discovery and evidence: The court may order appraisal, exchange of documents, and depositions if needed.
• Partition in kind vs. sale: If the court finds a fair physical division feasible and equitable, it may order partition in kind (divide the land or allocate separate portions). If division would cause unreasonable prejudice or is impractical (for example, a single house on one lot), the court typically orders a sale and divides proceeds among owners.
• Appointment of commissioners or special master: Wyoming courts often appoint neutral commissioners or a referee to inspect the property, make a partition plan or arrange the sale, and report back to the court.
• Sale process if ordered: The court supervises a public sale—often by sheriff or through a court‑appointed agent. The sale proceeds pay liens, taxes, court costs, and sale expenses. The net balance is divided according to each owner’s legal share, adjusted for credits or debits (for example, payments toward mortgage or improvements).

6. How a buyout works. A buyout can occur at any time by mutual agreement. In litigation, a co‑owner may ask the court to value interests and permit one owner to purchase the other’s share at that value. If the parties disagree on value, the court may order an appraisal and set a buyout price. The buying owner typically must pay immediately or within a court‑set timetable; otherwise, the court may proceed to sale.

7. Lienholders, mortgages, and priority. Valid recorded mortgages and liens remain attached to the property and are paid out of sale proceeds in priority order. A mortgagee may participate in the action to protect its interest. If a sale occurs, lien priority follows Wyoming law and the terms of the mortgage documents.

8. Costs, fees, and possible awards. The court generally orders that partition costs (appraisers, commissioners, sale expenses) come out of the sale proceeds. Attorney fee awards are not automatic; the court may award attorney fees only if a statute or contract allows it or if exceptional circumstances justify an award. Expect litigation costs and plan accordingly.

9. Timing. A simple agreed partition may conclude in a few months. Contested actions typically take longer — often many months to a year or more — depending on complexity, appraisal needs, and court schedules.

10. Where to find Wyoming statutes and court rules. Wyoming’s statutory compilation and other legal materials are available from the Wyoming Legislature’s official site: https://wyoleg.gov/statutes. For court procedures and local forms, consult the Wyoming Judicial Branch at https://www.courts.state.wy.us. Your attorney will reference the exact statutory provisions and local rules that apply to partition actions in Wyoming district court.

Illustrative hypothetical

Imagine two adult siblings inherit a house as tenants in common after their parents pass away. Sibling A wants to keep the home; Sibling B wants to sell. They try to negotiate but cannot agree. Sibling A files a partition action in the county district court. The court orders an appraisal and appoints commissioners. The appraised value shows the home is not easily divisible. The court orders a sale and distributes the net proceeds after paying off the mortgage and sale costs. Alternatively, before sale the court allows Sibling A to buy out Sibling B at a court‑determined price; Sibling A must make the required payment within the time set by the court or the sale proceeds process moves forward.

Helpful Hints

• Document ownership: Get a copy of the recorded deed(s) from the county recorder and obtain a preliminary title report early.
• Get an appraisal: An independent appraisal gives a realistic value and strengthens settlement talks or court evidence.
• Try mediation first: Mediators can often produce a buyout or sale agreement that avoids litigation costs.
• Consider tax implications: Selling or transferring property can create capital gains or other tax consequences. Consult a tax professional before finalizing a buyout or sale.
• Calculate equitable credits: Track mortgage payments, taxes, insurance, and improvements. Courts may credit co‑owners who paid more than their share before distribution.
• Identify lienholders and creditors: Notify mortgagees and any party with recorded interests so the court can deal with priorities at sale.
• Expect costs: Litigation, appraisal, and sale costs reduce net proceeds. Compare likely costs to the value of the property before suing.
• Hire local counsel: Partition actions are court‑specific. A Wyoming real property attorney can prepare pleadings, represent you at hearings, and advise whether a buyout or partition is best in your case.

Disclaimer

This article is informational only and does not provide legal advice. It summarizes general Wyoming procedures for partition actions and common practical steps. For advice tailored to your situation, consult a licensed Wyoming attorney who handles real property litigation.