Detailed Answer — what happens and how you receive money after a partition sale (Wyoming)

If co-owners cannot agree to divide real property, one co-owner can ask the court for a partition action. In Wyoming, a court-ordered partition sale converts the property to cash and the court supervises distribution of the sale proceeds. The basic steps to get your share are:

1. Confirm the court ordered the sale and appointed a receiver or sale officer. The court usually issues an order authorizing sale and naming a referee, commissioner, or receiver to sell the property and hold the proceeds.
2. Get a written accounting of gross sale proceeds and deductions. The sale officer or the title company prepares a closing statement showing gross sale price and deductions (mortgage payoff(s), mechanic’s liens, property taxes, sale costs, auction or broker fees, title and closing costs). The court reviews and approves that accounting before distribution.
3. Ensure liens and priority claims are paid first. Liens (mortgages, tax liens, judgment liens) have priority and must be satisfied from sale proceeds. Costs of sale, court costs, and necessary reimbursements (repairs tendered by the purchaser or receiver) are next. Only then are net proceeds available for owners.
4. The court issues a distribution order or a referee files a report. After review, the court signs an order directing the clerk or receiver to disburse the approved net proceeds to the co-owners according to their legal shares (percent ownership or shares determined by court if ownership shares were disputed).
5. Receive funds from the court clerk or receiver. Depending on local practice, the clerk of court or the receiver writes checks or directs the escrow/title company to pay owners. You will need to give information for payment (routing and tax info) and may need to sign a receipt or release before funds are distributed.

Who determines how much you get? The court divides net proceeds according to ownership interests shown by the record title, proof at the hearing, or the court’s determination of equitable shares. If you and co-owners held equal interests (for example, two co-owners each 50%), you normally split net proceeds equally after legal deductions.

What can delay or reduce your payout? Common reasons: unresolved liens or judgments; disagreements about reimbursable advances (mortgage payments, taxes, repairs) that one co-owner claims; appeals or objections to the referee’s report; or an accounting dispute about fees and commissions. The court will resolve disputes before final disbursement.

Example (hypothetical)

Two co-owners sell a house at court-ordered partition. Sale price: $300,000. Mortgage payoff: $75,000. Closing and sales costs: $15,000. Back property taxes: $2,000. Net available: $208,000. Each 50% owner would receive $104,000 unless the court orders credits or offsets (for example, if one owner paid $10,000 in repairs that the court allows to be reimbursed first).

Key Wyoming resources

• Wyoming Statutes and statutory index (search for partition-related provisions and actions): https://wyoleg.gov/statutes/
• Wyoming Judicial Branch — district courts and clerk information (local practice for distribution and filing): https://www.courts.state.wy.us/

When to ask the court to act: If the referee or receiver does not provide an accounting or the clerk does not disburse funds after the court signs a distribution order, you can file a motion to compel distribution or a motion to enforce the court order. If another party objects to the referee’s accounting, the court will hold a hearing before distributing funds.

Helpful Hints — practical steps you can take now

• Obtain and review the sale closing statement (HUD-1 or settlement statement). This shows gross sale price and every deduction. Compare it to what the receiver filed with the court.
• Ask the receiver or court clerk for a copy of the referee’s report and the court’s distribution order. The court order is the document that directs payment.
• Check the public records for liens before disbursement. Make sure the referee satisfied mortgages, tax liens, and recorded judgments.
• Keep documentation of any payments you made on the property (mortgage, taxes, repairs). File a written claim with the court if you seek reimbursement before distribution.
• If ownership percentages are unclear, gather proof of contribution or title documents. The court uses evidence to determine each owner’s share.
• Ask for a hearing if you dispute the accounting. You can object to the referee’s report and ask the court to resolve contested credits or fees before funds go out.
• Expect a short waiting period after a distribution order because some courts allow time for appeals or creditor claims. Ask the clerk about local timing.
• Consider simple escrow protections: if you have concerns about offsets or subsequent claims, ask the court to place funds in the court registry or an interest-bearing escrow account pending final resolution.
• If the other co-owner refuses to accept the order or withhold information, file a motion for contempt or for enforcement of the court order.
• Hire a Wyoming attorney if the distribution is large, complex, or contested. An attorney can prepare motions, object to improper deductions, and protect your share.

Timeline and costs: A typical partition sale distribution occurs after sale closing and court review of the referee’s report. Expect several weeks for accounting and court approval; contested distributions or appeals can extend the timeline by months. Court costs and attorney fees (if awarded) reduce the net pool available to owners.

Tax note (non-legal tax guidance): The distribution proceeds reflect the sale of real property. Capital gains and tax consequences depend on your tax situation—consult a tax professional for tax treatment.