How to Force the Sale of Joint Property in Wyoming (Partition Actions & Next Steps) | Wyoming Partition Actions

Detailed Answer — How to force a sale of jointly owned property in Wyoming

This is a plain-language guide to the process Wyoming law provides when one co-owner wants to end joint ownership and sell property but a co-owner refuses further mediation or agreement. This is educational information only and not legal advice. For help tailored to your situation, consult a Wyoming attorney who handles real property and partition matters.

What is a partition action?

Under Wyoming practice, co-owners of real property who cannot agree on continued ownership may ask a court to divide the property. When division “in kind” (physically dividing the land) is not practical, the court can order a sale and divide the sale proceeds among the owners. Courts handle these disputes as civil actions in Wyoming district court. For general information about Wyoming courts see the Wyoming Judicial Branch: https://www.courts.state.wy.us/. For Wyoming statutes and legislative materials see the Wyoming Legislature website: https://www.wyoleg.gov/.

When can you file and where?

If you own property as tenants in common or joint tenants and cannot agree on sale, you may file a partition action in the district court for the county where the property sits. The court has authority to order partition by sale if a fair division of the physical property is impractical, would harm the value, or is inequitable to some owners.

Typical steps in a Wyoming partition-by-sale case

Attempt resolution first. Courts expect parties to try negotiation or mediation first. But if the other owner refuses further mediation, you may still proceed to court.
Prepare and file a complaint for partition. Your complaint identifies the property, describes each owner’s interest, states any liens or mortgages, and asks the court to partition the property in kind or by sale.
Service and response. The defendant co-owner(s) must be served with the complaint and given an opportunity to answer. If a co-owner cannot be found, the court may allow service by publication.
Pretrial procedures. The court may order disclosures, exchange of documents (title records, mortgage statements, surveys), and mediation. Courts sometimes appoint a referee, commissioner, or appraiser to evaluate the property.
Hearing and decision. At trial or a hearing, the judge decides whether to partition in kind or order a sale. The judge weighs whether a physical division is practical and fair and whether it would reduce the property’s value.
Sale process. If the court orders sale, it usually appoints a commissioner or special master to sell the property at public auction or by other court-supervised methods. The court will direct how to pay liens, costs, and distribute net proceeds among co-owners according to their ownership shares.
Costs and distribution. The court typically charges sale costs and may allocate attorney fees and costs between parties depending on the circumstances. Liens and mortgages are paid from sale proceeds in the order required by law.

What factors will the Wyoming court consider?

Whether a physical division is feasible without substantially harming value.
The size, shape and use of the parcel (e.g., a single-family lot vs. large tract).
Improvements and whether dividing them would be impractical.
Relative contributions and equities (payments toward purchase price, improvements, taxes, or mortgage payments can affect distribution).
Interests of creditors: mortgages and recorded liens must be honored in order of priority.

Liens, mortgages, taxes and priority

A sale ordered by the court does not eliminate valid liens or mortgages. The sale proceeds must first satisfy recorded liens and mortgage obligations in priority order. Property tax liens, mortgage holders, and mechanics’ liens will be paid from the sale proceeds before distribution to co-owners. Make sure you gather and bring mortgage statements and lien information to court and to your attorney.

Practical options before or instead of court

Buyout: Offer to buy the co-owner’s share for an agreed price (may require financing).
Partition by deed: Co-owners can agree to divide title by deed if the land can be fairly split.
Voluntary sale: Agree to list and sell the property and split proceeds.
Sell your interest: In some cases you may sell your fractional interest on the market, but buyers rarely pay full value for a partial interest.

Timeline, costs, and risks

District-court partition actions can take months to over a year, depending on complexity, title issues, third-party claims, and appeals. Expect court costs, fees for appraisers or commissioners, and attorneys’ fees. If you seek a sale, the net amount you receive can be reduced by these costs and by the principle that forced sales sometimes fetch lower prices than voluntary market sales.

What to collect before you consult an attorney

Deed(s) showing current ownership and title history.
Mortgage and loan statements, tax bills, and lien documents.
Written communications between co-owners about the property.
Evidence of improvements, payments, or expenses you paid (receipts, cancelled checks).
Any prior settlement offers or mediation records.

Next steps if your co-owner refuses further mediation

Contact a Wyoming real property attorney to review title and options.
If you proceed, file a partition complaint in the district court for the county where the property sits.
Request any interim relief you need (e.g., accounting, temporary possession or rent allocation if someone is living on the property).
Prepare documentation and be ready to propose alternatives (buyout offers, appraisal evidence) if the court asks.

For procedural rules and links to Wyoming courts, start at the Wyoming Judicial Branch: https://www.courts.state.wy.us/. For legislative materials and statute research use the Wyoming Legislature site: https://www.wyoleg.gov/.

Disclaimer: This article explains general Wyoming law about partition and sale of jointly owned property for educational purposes only. It is not legal advice. Laws change and outcomes depend on facts. Consult a licensed Wyoming attorney before acting.

Helpful Hints — Preparing for a partition action or negotiated buyout

Start by gathering title documents, mortgage statements, tax records, surveys, and receipts for improvements.
Get a market appraisal early. A professional appraisal helps you evaluate buyout offers or argue against in-kind partition.
Make a written buyout offer—sometimes a fair cash offer ends disputes faster than litigation.
Keep records of your payments and improvements. Courts look at contribution evidence when allocating proceeds.
Consider temporary arrangements: agree on rent or occupancy rules to avoid waste while the case moves forward.
Be realistic about costs: court-supervised sales can be longer and more expensive than voluntary sales.
Ask your attorney about lien priorities, tax consequences, and possible deficiency liability if mortgage(s) exceed sale price.
Explore mediation one more time through the court—many judges require or encourage it even if a co-owner initially refuses.
Consult an attorney early. Small mistakes in pleadings, service, or title handling can delay or complicate your case.