Detailed Answer — What to gather before hiring an attorney for a partition action in Wyoming
This checklist explains the typical information and documents an attorney will need to begin a partition case involving real property in Wyoming. A partition action asks a court to divide or sell property owned by two or more people when they cannot agree on ownership, use, or sale. Courts prefer to divide property in kind when practicable but can order a sale if division is impractical. This guide explains the documents your lawyer will use to prepare the complaint, prove ownership and shares, show contributions and expenses, and identify interested parties.
1. Proof of ownership and chain of title
- Recorded deeds showing how each party acquired an interest (warranty deeds, quitclaim deeds, trustee deeds). Include copies of the recorded document pages and the county recorder’s index entries.
- Title insurance policy (if any) and the title commitment or title report.
- County assessor records and parcel identification (APN) or legal description from the deed or tax parcel.
- Copies of any recorded easements, restrictive covenants, or plats that affect the property.
2. Identification of all co-owners, heirs, and interested parties
- Full legal names, current mailing addresses, phone numbers, and email addresses for every person or entity listed as owner on title, including trusts, corporations, or limited liability companies.
- If any owner is deceased, provide the will, death certificate, and probate records that identify heirs or personal representatives.
- Trust documents if title is held in a trust (trust agreement and trustee contact info).
3. Agreements and communications among owners
- Any written partnership, co-ownership, buyout, or co-tenancy agreements (including oral agreements summarized in writing).
- Emails, text messages, letters or notes showing offers, refusals, requests to sell, or agreements about who would occupy or manage the property.
- Records of votes or meeting minutes, if owners met and recorded decisions.
4. Mortgage, lien, and encumbrance documentation
- Copies of all mortgages, deeds of trust, promissory notes, and recorded liens or judgments against the property.
- Recent mortgage statements and payoff information if seeking contribution or accounting for debts.
5. Possession, use, improvements, and contribution records
- Receipts and invoices for repairs, improvements, or construction paid by one owner that may affect equities among co-owners.
- Records of mortgage payments, property tax payments, insurance premiums, utilities, and other expenses paid by individual owners.
- Rent rolls, leases, security deposit records, and income/expense ledgers if the property is rented.
- Evidence of exclusive possession or adverse possession claims (photos, affidavits, utility bills in one person’s name).
6. Surveys, plats, maps, and photos
- Recent certified survey, boundary line maps, and subdivision plats showing the legal description and any boundary disputes.
- Photographs of the property, improvements, fences, or features relevant to division.
7. Insurance, taxes, and utilities
- Homeowner’s insurance declarations and claims history related to the property.
- Property tax statements for recent years, proof of tax payments, and any delinquency notices.
- Utility bills showing who paid utilities and when.
8. Appraisals and valuation evidence
- Recent appraisal reports or broker price opinions (BPOs).
- Comparable sales data, advertisements or listing history if you tried to sell the property.
9. Court, lien, and bankruptcy records
- Any prior court filings or lawsuits involving the property or owners (including divorce, probate, quiet title, or boundary disputes).
- Judgments and recorded notices of lis pendens or other encumbrances.
- Bankruptcy filings for any owner, and the bankruptcy docket numbers.
10. Practical information and desired outcomes
- A plain, chronological summary of the dispute and your relationship with other owners (who lived where when, who paid what, agreements reached or refused).
- Your goals: do you want to keep your share, buy out others, force a sale, or propose an alternative (partition by lot, physical division, or buyout)?
- Any time-sensitive issues: pending sales, foreclosure threats, deteriorating conditions, or urgent safety hazards.
How your attorney will use these documents under Wyoming law
An attorney uses title and deed records to draft the complaint and identify necessary defendants. Mortgage and lien documents inform whether any proceeds must first satisfy encumbrances. Contribution and payment records help establish whether accounting adjustments (credits or debits between owners) are necessary before final distribution. Surveys and appraisals help the court decide whether partition in kind (dividing the property) is feasible or whether the court should order a sale. Lease and rental records determine rents and profits that the court may award to the party entitled to them.
Procedure highlights (what to expect in Wyoming)
- Filing: The attorney files a partition complaint in the appropriate Wyoming district court and names all owners and lienholders as defendants so the court can resolve everyone’s rights.
- Service: All defendants must be served. If some owners are out of state or unknown, the court may allow service by publication after the attorney follows statutory notice rules.
- Interim relief: The court may issue temporary orders to preserve property value (e.g., injunctions preventing waste or orders for accounting of rents and profits).
- Commissioners or referees: If a partition in kind is possible, the court may appoint commissioners or a referee to survey, value, and recommend how to divide the property. If division is impractical, the court may order a sale and divide proceeds after costs and liens.
- Distribution: After sale or division and after paying liens and costs, the court distributes remaining proceeds according to each owner’s legal interest, adjusted for any accounting for contributions, rents, or waste.
Wyoming law and court practice govern who must be named, how service must occur, and how sales or divisions proceed. For general statutory resources, consult the Wyoming Legislature’s website at https://wyoleg.gov and the Wyoming Judicial Branch at https://www.courts.state.wy.us for court procedures and local rules. Your attorney will identify any specific statutory provisions or local rules that apply to your case.
Disclaimer: This information is educational only and does not constitute legal advice. It cannot substitute for advice from a licensed attorney about your specific situation.
Helpful Hints
- Gather documents early: Collect deeds, mortgage statements, tax bills, leases, and emails before your first attorney meeting—this saves time and legal fees.
- Organize chronologically: Provide a one-page timeline that explains when each owner acquired an interest, who paid what, and key events—this helps your lawyer prepare quickly.
- Be honest and complete: Disclose all mortgage and lien information, prior lawsuits, and bankruptcy filings—omitting facts can harm your case.
- Photograph and document current conditions: Clear photos of structures, improvements, fences, and any damage help document current value and issues.
- Consider alternatives: Discuss buyouts, mediation, or negotiated sales with co-owners before filing—court can be costly and slow.
- Preserve evidence of payments: Bank statements, canceled checks, and receipts are the best proof of contributions to mortgage, taxes, or repairs.
- Expect costs: Partition cases often require surveys, appraisals, and possibly court-appointed commissioners. Ask your attorney for an estimate of likely expenses and timelines.
- Ask about temporary relief: If the property faces imminent risk (foreclosure, waste), ask the attorney about emergency motions to protect the property right away.