Quick answer
If you and some siblings jointly own inherited land in Wyoming and a minority refuses to sell, you can ask the district court to force a partition for sale. The court can order the property divided physically (partition in kind) if feasible, or, if dividing is impractical, the court can order a sale and then distribute the net proceeds among owners according to their ownership shares. Before filing, gather title documents, consider negotiation or mediation, and consult a Wyoming attorney to prepare and file the complaint in the proper district court.
Detailed answer — how to file and what to expect under Wyoming law
1. Verify ownership and legal interests
Start by confirming how the property is owned. Most inherited property ends up held as tenancy in common (each person owns a share that they can sell or pass on), but ownership can vary depending on the deed or probate distribution. Pull copies of the deed, the will or probate order, and the county land records. A title search or abstract will confirm each co‑owner’s recorded interest, mortgages, liens, and easements.
2. Try negotiation and alternative dispute resolution first
Partition lawsuits can be expensive and take months. Courts and other participants often prefer that co‑owners try to agree to one of these options first:
- Buyout: one or more co‑owners buy the holdout owners’ shares at an agreed price or at a price set by appraisal.
- Mediation: a neutral mediator helps co‑owners reach a sale or division agreement.
- Refinance/assumption of debt where mortgage or liens complicate a sale.
3. Where to file: district court in the county where the property sits
In Wyoming, partition actions are civil matters filed in the district court for the county where the real property is located. See the Wyoming Judicial Branch site for district court information: Wyoming Judicial Branch. The Wyoming Legislature website is a resource for statutes and can help you locate relevant law: Wyoming Legislature.
4. Typical contents of a partition complaint
A partition complaint usually includes:
- Identification of the property (legal description) and all co‑owners by name and address;
- A short statement of how and when the plaintiff (you) acquired an interest;
- An allegation that co‑owners cannot agree on use, division, or sale;
- A request for partition in kind or, if that is not practicable, a partition by sale and distribution of proceeds;
- A request for appointment of a commissioner or special master to survey, appraise, or manage sale, and for payment of costs from sale proceeds.
5. Service and opportunity to defend
After you file the complaint, the court will require that all co‑owners and any lienholders be served with process. Those defendants can answer, raise counterclaims, or ask the court for relief (for example, a buyout or accounting). If some owners cannot be located, the court has procedures for service by publication; a lawyer can help navigate that process.
6. Partition in kind vs. partition by sale
The court prefers a partition in kind — a physical division of the land — when it can be done without unfairly reducing value. If dividing the parcel would materially diminish value or is impracticable (single-family home on one lot, one access road, or impractical shapes), the court will order a sale. Often the court will appoint a commissioner to appraise the property and recommend whether division or sale is appropriate.
7. Court appointment, sale process, and distribution
If the court orders sale, it may appoint a commissioner, auctioneer, or real estate broker to market and sell the property, or it may order a judicial sale procedure. The court will direct payment of valid liens, sale costs, commissions, and fees, then distribute net proceeds according to legal ownership shares. If owners’ contributions to taxes, improvements, or mortgages differ, the court can consider accounting claims before distribution.
8. Costs, timelines, and practical effects
Expect attorney fees, court costs, appraisal fees, and sale commissions to come from the sale proceeds. Partition suits often take several months to a year or more, depending on complexity, whether title issues or disputes exist, and how long marketing and sale take. Tax consequences (capital gains, basis adjustments) can affect owners; consult a tax professional before sale.
9. How to prepare before you file
- Collect deed(s), probate orders, wills, and tax bills.
- Obtain a preliminary title report to identify liens or encumbrances.
- Get at least one independent appraisal to understand fair market value.
- Document communications with siblings—offers, refusals, and any written buyout proposals.
- Talk with a Wyoming attorney who handles real estate and probate-related partition cases.
10. Special issues to watch for
- Mortgages and liens: lienholders may need to be joined to the action and can be paid from sale proceeds.
- Adverse possession or prior claims: unresolved title disputes can slow or complicate partition.
- Minors or unknown heirs: the court may require guardians ad litem or special procedures when heirs are minors or legally incapacitated.
- Boundary lines and access easements: these can affect the court’s ability to divide land.
Where to find Wyoming statutes and court information
For statutory guidance and the exact language applicable to property actions, use the Wyoming Legislature website: https://wyoleg.gov/. For court procedures and filing information, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/. Your attorney will cite the specific statutes and local rules that apply to your case.
Final step: hire a Wyoming attorney to draft and file the complaint and represent you in court. An attorney will ensure proper parties are joined, help you evaluate whether an in‑kind partition or sale is most likely, and protect your financial interests throughout the process.
Helpful Hints
- Start with a calm, documented buyout offer in writing—courts often respect good‑faith settlement efforts.
- Get a current appraisal before filing; it strengthens settlement talks and helps set a buyout price.
- Order a title report early to uncover liens or title defects that will affect sale and distribution.
- Use mediation or collaborative negotiation to save time and money before filing suit.
- Keep clear records of payments you made for taxes, insurance, or improvements; the court may adjust distributions based on contributions.
- Consider asking the court for a temporary order to prevent waste, alteration, or sale of the property while the case is pending.
- Talk to a tax professional about possible capital gains or other tax consequences of a forced sale.
- Expect litigation costs to be recovered from proceeds only if the court orders them; do not assume the other side will pay your fees.
Resources and next steps
Wyoming Judicial Branch (district court information): https://www.courts.state.wy.us/
Wyoming Legislature (statutes and legislative resources): https://wyoleg.gov/
Contact a local Wyoming real estate or probate attorney to review your documents and help decide whether to pursue negotiation, mediation, or a partition action.
Disclaimer
This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. Laws change and facts differ by case. Consult a licensed attorney in Wyoming to get advice tailored to your situation.