Can multiple heirs keep the family home instead of selling it?

Short answer: Yes — often heirs can keep the house without selling it, but doing so requires agreement, a clear plan for paying expenses and mortgage, and sometimes legal steps (buyouts, refinancing, co‑ownership agreements, or a court-ordered partition if heirs disagree). If heirs cannot agree, Wyoming law allows a co‑owner to force a sale through a partition action.

Detailed answer — how this works under Wyoming law

If several people inherit a house, they commonly hold it as co-owners (tenants in common) unless the will or deed says otherwise. Each co-owner has a share of ownership. There are a few practical ways to keep the house in the family instead of selling it:

1) Family agreement: one or more heirs buy out the others

The simplest route is agreement. One heir (or an outside buyer) pays the other heirs the fair market value of their shares. Steps usually include:

Get a professional appraisal to determine the house value.
Agree on a payment method — lump sum, promissory note, or seller-financed installment plan.
Clear title by executing the appropriate deed(s) to transfer the selling heirs’ shares.
If there’s an existing mortgage, refinance the loan in the buyer’s name or obtain lender approval to assume the mortgage.

A buyout gives clear title to the remaining owner(s) and avoids court. If funds are limited, heirs can use home equity loans or third-party financing to fund the buyout.

2) Keep the house as joint owners (co‑ownership with a written agreement)

Heirs may jointly keep the property and share expenses. To reduce future disputes, put terms in writing:

Who pays mortgage, taxes, insurance, utilities, and maintenance;
How rental income (if any) is shared;
How long the co-ownership will last and conditions for a buyout or sale;
Dispute resolution (mediation/arbitration) clauses.

A written co-ownership agreement preserves the property for the family and clarifies responsibilities. However, a co-owner who disagrees later can likely force a partition sale (see below).

3) Transfer ownership through probate planning or deed changes

If the estate is still in probate, heirs or personal representatives can propose a distribution plan that keeps the house in the family (for example, transferring title to one heir in exchange for cash payments to others). If the decedent used joint tenancy or a transfer-on-death deed, the surviving co-owner(s) might already have a method for receiving full title without probate.

4) If heirs disagree: partition actions and forced sale

If co-owners cannot agree, Wyoming law provides a remedy called a partition action. A co-owner may ask the court to divide the property physically (partition in kind) if practical, or order a sale and divide the proceeds among owners.

Partition is a court process. The court considers whether dividing the land is feasible. If not feasible, the court orders a sale and distributes net proceeds according to ownership shares.

For general information on partition and other statutes, see the Wyoming Statutes and the Wyoming court resources: https://wyoleg.gov/Statutes and https://www.courts.state.wy.us/.

5) Practical issues heirs must handle to keep the house

Mortgage: If the house has a mortgage, the lender may require the borrower to remain liable. Refinancing into the buyer’s or remaining owners’ names is common.
Taxes and insurance: Heirs must keep current on property taxes and homeowners insurance. Failure to pay can lead to liens or foreclosure.
Maintenance and occupancy: Decide who lives in the house and who pays for repairs. Consider rental if nobody lives there but owners want to preserve it.
Title and deed work: Use a real estate attorney or title company to prepare deeds and record transfers to prevent future disputes.
Estate and probate timing: If the decedent’s estate is open in probate, work with the personal representative to request court approval for transfers or buyouts if required.

What to do next — recommended steps for heirs in Wyoming

Talk to the other heirs and try to reach an agreement about whether to keep the house and who will pay what.
Get a professional appraisal and a current title report.
Consult a Wyoming real estate attorney (or probate attorney if the estate is open) to draft agreements, deeds, or to advise on refinancing and lender issues.
If financing is needed for a buyout, speak to mortgage lenders about qualification and loan options.
If heirs disagree and cannot resolve the matter, be prepared for a potential partition action in Wyoming courts — an attorney can explain likely outcomes and timelines.

Helpful hints

Put agreements in writing. Oral agreements among heirs lead to misunderstandings and litigation.
Use a neutral appraiser to set a fair market price for buyouts.
Consider mediation before filing a partition action — it’s faster, cheaper, and preserves family relationships.
Keep records of all payments for taxes, insurance, mortgage, and repairs. These records show contributions and can affect equitable claims later.
Check whether the decedent left a deed with survivorship or a transfer-on-death instrument — these can change who legally owns the house without probate.
Ask about homestead exemptions and creditor claims in probate — these can affect the estate’s ability to transfer the property.
If one heir lives in the house and others do not want to sell, a buyout or a fair rent arrangement can help avoid a forced sale.