Understanding Wyoming Partition Actions: Initiation and Consent Procedures
Co-owners of property sometimes disagree on use or sale. Wyoming law allows any co-owner to seek a court-ordered partition. This article explains how to initiate or consent to a partition action before a court-appointed commissioner. Assume no prior legal knowledge. This is not legal advice.
Detailed Answer
1. Confirm Who May Seek Partition
Under Wyo. Stat. §1-31-102, joint tenants, tenants in common, and other undivided interest holders may file for partition.
2. Prepare and File the Petition
• Draft a petition that names all co-owners, describes their interests, and gives a legal description of the property.
• File the petition in the district court of the county where the land lies.
• Pay any filing fee set by local court rules.
3. Serve Notice on All Parties
After filing, serve each co-owner with a summons and a copy of the petition. Wyoming Rules of Civil Procedure require personal or certified mail service. See Wyo. Stat. §1-31-104.
4. Consent Procedure
If all co-owners agree on how to divide the property, they can submit a written consent or stipulation to the court. When the court receives unanimous written consent, it may appoint a commissioner and order the agreed partition without a full hearing. See Wyo. Stat. §1-31-109.
5. Appointment of a Commissioner
If parties do not agree, the court appoints a disinterested commissioner to inspect and divide or sell the property. The court sets the commissioner’s bond and authority under Wyo. Stat. §1-31-117.
6. Commissioner’s Report and Court Review
• The commissioner files a written report recommending physical partition or sale and distribution of proceeds.
• Co-owners may object within a specified time.
• The court holds a hearing, resolves objections, and issues a final order dividing the property or directing sale.
Helpful Hints
- Gather deeds, surveys, and title documents before filing.
- Verify the exact legal description to avoid boundary disputes.
- Use certified mail or a process server for reliable service.
- Consider mediation to reach an agreement before petitioning.
- Understand commissioner fees and bonding requirements.
- If you consent to a partition, file written stipulations early.
- Consult a real estate attorney for complex property interests.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Wyoming attorney for guidance on your specific situation.