Detailed answer — How a partition action works in Wyoming

1. When you can file and where

When co-owners cannot agree after mediation, any co-owner with an ownership interest in the real property can file a partition action in the Wyoming district court for the county where the property is located. The goal of a partition action is to end co-ownership by dividing the property or selling it and distributing the proceeds.

2. Types of partition the court may order

The court typically chooses between two primary remedies:

• Partition in kind (division of the land): The court divides the property into separate parcels and awards each owner one or more parcels proportional to their share. The court will order a survey and adjust boundaries if feasible.
• Partition by sale: If dividing the land fairly is impractical, would materially harm the value, or cannot be done without significant prejudice to owners, the court will order a sale (private or public). After sale, the court will distribute net proceeds according to ownership interests, after paying mortgages, liens, taxes, and court-ordered costs.

3. Typical procedural steps

1. File a complaint (petition) for partition: The complaint names all known co-owners and describes the property, ownership shares, and any liens or encumbrances.
2. Service and response: Defendants (co-owners) receive service and have an opportunity to respond or assert counterclaims (e.g., claims of adverse possession, superior title, or agreements preventing partition).
3. Pretrial matters and hearings: The court may require affidavits, surveys, and appraisals. The court sometimes orders alternative dispute resolution before scheduling a final hearing.
4. Appointment of a commissioner or referee: For valuation, division, or sale, the court often appoints a commissioner (or special master) to survey, sell, or manage the sale and report to the court.
5. Sale and distribution: If the court orders sale, it will set terms (private sale subject to court approval or public auction). After sale, the court deducts costs, liens, and taxes and distributes the remainder according to ownership shares.
6. Judgment and deed: The court issues a judgment ordering the distribution and directing that title transfer or the deed from the sale be issued to purchaser(s).

4. Who pays costs, taxes, and liens?

Generally, mortgages, mechanic’s liens, property taxes, and other valid encumbrances attach to the property and must be satisfied from sale proceeds. The court will typically deduct sale costs (advertising, commissioner fees), attorney fees if ordered, and then distribute net proceeds according to ownership interests. If one co-owner has liens or priority claims, the court follows lien priority rules.

5. Can a co-owner buy out the others?

Yes. Before or during the action, a co-owner may offer to buy the others’ interests. The court sometimes allows a buyout at appraised or agreed value, avoiding sale to a third party. Courts may set terms or order an appraisal to determine fair value if co-owners cannot agree.

6. Common defenses and counterclaims

Co-owners may defend or counterclaim by asserting:

• They hold title superior to the plaintiff (title dispute).
• They have an enforceable agreement restricting partition (e.g., buy-sell or partnership agreement).
• Equitable arguments or claims of fraud, adverse possession, or laches.

7. Timeline and practical expectations

Partition actions vary widely but typically take several months to a year or longer, depending on case complexity, property valuation needs, whether the court orders a sale, and local court backlogs. Expect surveys, appraisals, motions, and possibly an auction if the property does not sell privately.

8. Effect on occupants and tenants

A sale transfers title to the buyer. If the property has tenants, their lease rights usually continue until the lease expires or is otherwise terminated under landlord-tenant law. If the property includes a co-owner occupant, the court may order eviction or a buyout depending on the circumstances.

9. Costs and attorney fees

Filing fees, survey and appraisal costs, commissioner fees, and counsel fees can add up. Wyoming courts have discretion to award attorney fees and costs in certain equitable actions; check local case law and statutes. Discuss likely costs and fee-shifting possibilities with a Wyoming attorney before filing.

10. Where to find Wyoming statutes and forms

Wyoming statutes and the district court rules inform partition procedures. You can review Wyoming laws and search for relevant statutes at the Wyoming Legislature site: https://wyoleg.gov. For court forms and local procedures, consult the Wyoming Judicial Branch: https://www.courts.state.wy.us.

Helpful Hints — Practical checklist before and during a partition action

• Confirm ownership: Get a recent title report or deed showing current co-owners and recorded liens.
• Attempt settlement: Try buyouts, sale by agreement, or buy-sell terms before filing. Courts favor resolution without litigation.
• Document negotiations and mediation efforts: Courts may consider pre-filing efforts and any written agreements that limit partition rights.
• Get a property appraisal: Early valuation helps evaluate buyout offers and estimate proceeds if sold.
• Check liens and taxes: Determine mortgage balances, tax arrears, or mechanic’s liens—these reduce net proceeds.
• Consider tax consequences: Sale proceeds allocation may have capital gains tax implications; consult a tax professional.
• Talk to a Wyoming attorney: A local lawyer can explain county-specific procedures, expected timelines, and whether fee-shifting is likely.
• Preserve evidence: Keep deeds, mortgage statements, records of improvements, and proof of payments that could affect equitable distribution.
• Be realistic about costs: Litigation can be expensive and sometimes yields a lower net result than a negotiated sale.
• Explore non-litigation options: Partition by agreement, buyout, or managed sale often saves time and money.