Can I force the sale of my late father’s house by filing a partition action in Wyoming?

Short answer: Possibly. If you (and/or other siblings or heirs) hold ownership as co-owners (for example, tenants in common) of your late father’s real property, Wyoming law allows a co-owner to file a partition action in district court asking the court to divide the property or order its sale and distribute the proceeds. This article explains who can file, when it makes sense, how the process usually works in Wyoming, what to expect at each step, and practical tips to prepare. This is educational information only and not legal advice.

Who can file a partition action?

Any person with a present ownership interest in the property — for example, a named owner on the deed or someone who inherited an ownership interest through a will or intestacy — may generally file a partition action. Typical situations include:

Two or more heirs hold title as tenants in common after a decedent’s death.
Co-owners who cannot agree on how to use or dispose of the property.
An owner of an undivided share who wants to convert real property into money.

Basic concepts: partition in kind vs. partition by sale

There are two main outcomes in a partition case:

Partition in kind — the court physically divides the land so each owner receives a separately titled portion. This works well for large tracts that can be fairly divided.
Partition by sale — the court orders the property sold and the net proceeds divided among owners according to their ownership shares. Courts order sale when physical division would be impractical or unfair.

Where to look in Wyoming law and court rules

Partition actions are civil cases filed in Wyoming district court and follow Wyoming civil procedure and local district court practices. For statute text and related laws, consult the Wyoming Statutes and the Wyoming Judicial Branch rules and forms pages:

Wyoming Statutes: https://wyoleg.gov/statutes
Wyoming Judicial Branch — rules, forms, and district court information: https://www.courts.state.wy.us

Because statutes and local procedures can change, look up the specific statutes and local rules for the district where the property is located before filing.

Step-by-step: How a partition action is typically filed and handled in Wyoming

Confirm ownership and necessary parties.

Do a title search (or request a certified copy of the deed) to identify all persons and entities with recorded interests, including:
- Heirs named in probate or anyone who holds title on the deed;
- Mortgage holders, judgment lienholders, or other encumbrances;
- Spouses or co-owners who may have an interest under family or community property rules (Wyoming is not a community property state, but marital rights and homestead issues may still affect the case).
Consider probate status.

If the decedent’s estate is still in probate, coordinate the partition action with the probate process. Sometimes the personal representative must be a party or the estate must be administered first. If title is already transferred to the heirs, you can generally proceed in district court.
Try informal resolution first.

Courts favor settlement. Before filing, try mediation, buyout offers, or negotiating a partition agreement. A negotiated buyout (one owner buys others out) often avoids court costs and delay.
Prepare and file the complaint for partition.

The complaint (petition) typically states:
- Your interest and the interests of any co-owners;
- The property description and county where it sits;
- Attempts to agree (or the lack thereof); and
- A request that the court order partition in kind or sale and direct distribution of proceeds.
File the complaint in the district court for the county where the property is located. Pay the filing fee or request a fee waiver if you qualify.
Serve all interested parties and lienholders.

Proper service of process is essential. You must serve every co-owner and any recorded lienholder according to Wyoming civil procedure rules. If some parties are missing or unknown, the court may allow substituted service or service by publication in limited circumstances.
Responding pleadings and pretrial issues.

Co-owners can answer the complaint, claim different ownership shares, or assert defenses (for example, that they hold a lien or equitable claim). The court may order discovery, inspections, and appraisals.
Appraisals and appointment of commissioners.

If the court considers partition in kind possible, it may appoint commissioners or a referee to survey, value, and try to divide the land. If division is inequitable or impossible, the court will likely order a sale.
Sale of the property and distribution of proceeds.

If the court orders sale, it will direct how to sell (private sale vs. judicial auction) and how to satisfy liens, costs, and distributions to owners according to their ownership shares. The court may retain jurisdiction to resolve disputes about costs, commissions, or offsets (for improvements or contributions).
Costs, attorneys’ fees, and credits.

The court can allocate costs of partition, appraisal fees, sale commissions, and sometimes attorneys’ fees. Owners who paid mortgage or taxes may get credits against their share.

Practical issues and common complications

Mortgages and liens: A mortgage remains a lien on the property and will typically be paid from sale proceeds or otherwise addressed before distribution.
Occupying co-owner: A co-owner living in the house may be entitled to an offset for necessary repairs or may be ordered to allow sale. The court can order possession issues resolved as part of the partition.
Homestead or family exemptions: A surviving spouse or certain family members may have claims that affect partition or distribution.
Unknown parties: If an heir or potential owner cannot be located, the court can permit service by publication and hold funds in escrow pending claim.
Tax consequences: Sale proceeds may create capital gains or estate tax implications; consult a tax professional.

Timeline and costs — what to expect

A contested partition can take many months to over a year depending on discovery, appraisals, and court scheduling. Costs include filing fees, appraisal and survey fees, title work, sheriff or process server fees, and attorney fees if you hire counsel. Sales involve listing or auction fees and commission. A negotiated settlement is almost always faster and cheaper.

Hypothetical example

Suppose three siblings inherit their late father’s house as tenants in common. Two siblings want to sell, one wants to keep the house. After attempts to negotiate fail, one sibling files a partition action in the district court where the house is located, names all heirs and the mortgage lender as defendants, requests a partition by sale, and asks the court to distribute proceeds after paying the mortgage and sale costs. The court orders an appraisal, finds a division in kind would be impractical, orders a court-supervised sale, pays off the mortgage from sale proceeds, deducts sale expenses and legal costs, and divides the remaining funds according to each sibling’s ownership percentage.

Next steps and when to get help

If you’re considering filing:

Do a title check to confirm who holds legal title and whether the property is still in probate.
Collect mortgage statements, tax information, and any written communications about the property.
Try to resolve the dispute by agreement or mediation before filing.
Contact the district court clerk in the county where the property sits to learn local filing procedures and request any available forms: https://www.courts.state.wy.us.
Consider consulting a Wyoming attorney who handles real property or probate matters to review your situation before filing — an attorney can prepare pleadings, handle service, and represent you in court.

Helpful Hints

Get a current title report early to learn all recorded interests and avoid missing parties.
Keep records of any payments you made for mortgage, taxes, or repairs. You may be entitled to credits at distribution.
If one co-owner lives in the property, document fair rental value and any agreements about occupancy.
Explore buyout offers and mediation — courts and sale costs can quickly erode equity.
Ask the district court clerk about local case forms, fee schedules, and the court’s calendar.
Expect to provide a legal description of the property (from the deed) in the complaint; a simple street address is usually not enough.
Understand that partition converts an indivisible asset (real property) into divisible proceeds, but the process can impose costs and delay.

Disclaimer: This article explains general Wyoming law and typical court practice. It is not legal advice. For advice tailored to your situation, consult a Wyoming attorney who can review title records, probate status, and local court rules.