Detailed Answer
This article explains how one co-owner in Wyoming can force the sale of real property through a partition action. Under Wyoming law, joint owners—whether tenants in common or joint tenants—may seek a judicial partition to divide or sell property when they cannot agree on its use or management.
Wyoming’s partition statutes appear in W.S. § 1-35-101 et seq. (see Title 1, Chapter 35). A partition in kind divides the property among owners. If a fair division is impractical or inequitable, the court orders a partition by sale.
1. Filing the Partition Complaint
- One co-owner (the “plaintiff”) files a complaint in district court requesting partition under W.S. § 1-35-101.
- The complaint names all co-owners as defendants and describes each owner’s interest.
- The plaintiff serves each defendant with a summons and copy of the complaint.
2. Court’s Determination: In Kind vs. Sale
- The court holds a hearing to decide whether the property can be divided physically without prejudice (partition in kind) or whether sale is necessary (W.S. § 1-35-102).
- If the court finds a just division impractical or unfair, it orders a partition by sale.
3. Conducting the Sale
- The court appoints a commissioner or referee to oversee the sale (W.S. § 1-35-104).
- The commissioner publishes notice of sale and sets a time, date and place for a public auction.
- After the sale, the commissioner files a report and deed with the court for confirmation.
- The court confirms the sale, directs payment of liens and expenses, and distributes net proceeds among owners according to their ownership shares (W.S. § 1-35-106).
Key Statutes
- W.S. § 1-35-101 – Right to partition.
- W.S. § 1-35-102 – Division in kind or by sale.
- W.S. § 1-35-104 – Appointment of commissioner.
- W.S. § 1-35-106 – Confirmation and distribution.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. You should consult an attorney licensed in Wyoming for advice on your specific situation.
Helpful Hints
- Review your deed and ownership interests before filing.
- Gather property surveys, tax documents and mortgage records.
- Consider mediation before filing to save time and costs.
- Be aware of deadlines for service of process and responses.
- Consult a Wyoming real estate attorney to guide you through court procedures.