How to Start a Partition Action in Wyoming: Steps, Filing, and Checklist

Detailed Answer

Below are the typical, practical steps you should expect when you need a court to divide or force the sale of jointly owned real property in Wyoming because another co-owner refuses to agree. Courts treat partition as an equitable remedy: they will try to divide property fairly or order sale and split proceeds after paying liens and costs.

1. Confirm ownership, interests, and the legal description.

   Start by pulling the deed, the chain of title, recorded mortgages, liens, easements, and the legal description of the property. Identify whether the co-owners hold as tenants in common or joint tenants. A title search at the county clerk/recorder’s office or a title company report is useful. Also note any mortgages, tax liens, or judgments that affect distribution.

2. Make a written demand and try to resolve the dispute outside court.

   Wyoming courts favor resolving disputes without litigation when possible. Send a written, dated demand that asks the co-owner to agree to a buyout, partition in kind (physical division), or sale. Keep records of communications. Consider mediation or neutral appraisal. Documenting these attempts helps the court see you tried to avoid litigation.

3. Prepare to file in the proper court (District Court where the property is located).

   In Wyoming, a partition action is a civil suit filed in the district court in the county where the real property is located. The complaint should identify all record owners and anyone with a recorded interest (lienholders, mortgagees). For general information about Wyoming courts and civil rules, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/ and the Wyoming statutes site: https://wyoleg.gov/.

4. Draft the complaint for partition — key elements.

   Common elements to include:

   • A clear legal description of the property (not just the street address).
   • The names and addresses of all known owners and lienholders.
   • A statement of how the parties hold title (tenancy in common, joint tenancy, etc.).
   • Facts showing why court relief is necessary (refusal to agree, inability to divide without court help).
   • The specific relief requested: partition in kind if practicable; if not practicable, partition by sale and distribution of proceeds; appointment of a commissioner or master to carry out the partition; accounting and deduction of liens, taxes, and expenses; and any request for costs and attorney fees if available.
5. Serve all parties and record notice if needed.

   Follow Wyoming civil procedure for service of process on known owners and lienholders. If some owners or heirs are unknown, the court may permit service by publication and other measures to give constructive notice. Make sure to also give notice to mortgagees or lienholders so they can protect their interests.

6. Ask for temporary relief if the property is at risk.

   If a co-owner threatens to sell, waste, or remove value from the property, ask the court for a temporary restraining order or preliminary injunction to preserve the status quo while the case proceeds.

7. Court appointment of a commissioner or appraiser and partition method.

   If the court grants partition, it may:

   • Order partition in kind — dividing the land among owners if physically possible and fair.
   • Order a partition by sale if division would be impractical or would materially reduce value.

   The court often appoints a commissioner, referee, or appraiser to perform surveys, value the property, conduct the sale, and report back to the court.

8. Sale, bidding, and distribution of proceeds.

   If the property sells, sale proceeds pay outstanding liens, taxes, sale costs, and court-ordered fees. The remainder is distributed to owners according to their ownership shares after any equitable adjustments the court orders (for improvements, payments of mortgage, or contributions by one owner).

9. Final judgment and post-judgment steps.

   The court issues a final decree of partition or sale and distribution. If partition in kind occurred, deeds or new parcels may be created. If sale occurred, you will receive your share after the accounting. If disputes continue (for example, over accounting or distribution), the court retains jurisdiction to resolve post-judgment issues.

10. Timing and costs.

    Partition actions can take several months to more than a year, depending on complexity, need for surveys/appraisals, and whether a sale is required. Expect court filing fees, costs for process servers, appraisal or survey fees, and possible commissioner fees. Attorney fees may apply if you retain counsel and if the court awards them in special circumstances.

11. When to consult an attorney.

    Speak with a Wyoming real property attorney if the matter involves major equity, complicated liens, boundary questions, potential for violence or illegal removal of property, or complicated family/co-owner relationships. An attorney can prepare pleadings, handle service on difficult parties, ask for appropriate temporary relief, and represent you at hearings.

For access to Wyoming laws and rules that may apply, review the Wyoming Legislature website and the Wyoming courts site:

• Wyoming Statutes and legislative information: https://wyoleg.gov/
• Wyoming Judicial Branch (court procedures and contact info): https://www.courts.state.wy.us/

Because statutory locations and procedure details can change, an attorney licensed in Wyoming can point to the exact statute sections and local forms you should use.

Helpful Hints

• Gather documents before you file: deed, mortgage statements, tax bills, leases, and any written agreements between co-owners.
• Use certified mail for written demands and keep proof of delivery; courts like to see evidence you tried to resolve the dispute first.
• Get a professional appraisal early if you plan to argue the property’s value or ask for a sale.
• If one co-owner paid more than their share of mortgage or taxes, track receipts — courts may credit that owner in the final accounting.
• Consider mediation as an earlier, less expensive option; many disputes settle once both sides see an appraisal and valuation.
• If some owners are missing or unknown, expect extra steps for service by publication and possibly a longer timeline.
• Ask the district court clerk in the property’s county about local filing requirements and current filing fees.