Wyoming: How to Defend Against a Co-Tenant's Partition Action on an Inherited Home

Disclaimer: I am not a lawyer. This article is educational only and does not constitute legal advice. For legal advice specific to your situation, consult a licensed Wyoming attorney.

What a partition action is and who may bring one

A partition action is a court process one co-tenant can use to divide or force the sale of property owned jointly. When family members inherit real property, they typically hold it as tenants in common (unless the deed or will states otherwise). Under Wyoming law, any co-tenant generally has the right to demand partition. The Wyoming partition statutes are found in Title 1, Chapter 29 of the Wyoming Statutes (see the statutes for details: https://wyoleg.gov/statutes/compress/title01.pdf).

Primary goals when defending a partition action

Your defense strategy will usually aim to achieve one or more of these outcomes:

• Keep the property in family ownership (avoid sale).
• Obtain a fair allocation of proceeds or credits for contributions to mortgage, taxes, insurance, or improvements.
• Secure a partition in kind (divide the land) rather than a forced sale, if practical.
• Delay or defeat the action when the moving party is acting in bad faith (fraud, concealment, or inequitable conduct).

Typical defenses and countermeasures

Because partition is an equitable remedy, many defenses rely on factual disputes and equitable principles. Common defensive steps include:

• Challenge standing or title issues. Verify who actually owns the property. If the moving party cannot prove their interest in title, the court may dismiss or limit the action.
• Ask for partition in kind rather than sale. If the property can be physically divided without great prejudice, ask the court to partition the land in kind. Courts prefer in-kind division when it is practical and fair.
• Seek credits and accounting. File a counterclaim or ask the court to require an accounting of rents, profits, and contributions to mortgage payments, taxes, insurance, and necessary repairs. You may be entitled to credit for paying these expenses (reducing your share of any sale proceeds or increasing what others owe you).
• Point to agreements among co-tenants. If the co-owners previously agreed (in writing or by clear conduct) to keep the property intact or to buy one another out before a sale, raise that agreement as a defense or counterclaim.
• Assert laches, estoppel, or waiver. If the plaintiff waited an unreasonably long time to bring the claim after knowing relevant facts, or previously agreed to defer action, the court may limit relief under equitable doctrines.
• Allege waste, fraud, or misconduct. If the moving party acted in bad faith—concealing information, intentionally damaging the property, or otherwise acting unfairly—raise that to persuade the court against an immediate sale.
• Request temporary injunctive relief. If a sale is imminent and you need time to arrange financing or a buyout, ask the court for a temporary restraining order or preliminary injunction to pause sale procedures.
• Propose a buyout. Offer to purchase the plaintiff’s share (or let them purchase yours) at a court-ordered appraisal value. Courts frequently encourage negotiated buyouts to avoid forced sales.

Procedural steps to take immediately

If a co-tenant has filed a partition lawsuit, act quickly:

1. Get a copy of the complaint and its deadlines. Respond by the stated deadline with the help of counsel to avoid default.
2. Collect documents: deed, will, probate records, mortgage payment records, tax bills, insurance invoices, receipts for repairs or improvements, and any written co-tenant agreements.
3. Document occupancy and use: who lived in the house, who paid utilities, and whether anyone collected rent.
4. Order an independent appraisal so you understand market value and options for buyout versus sale.
5. Speak with a Wyoming real estate or probate attorney experienced with partition disputes as soon as possible. An attorney can file counterclaims (accounting, breach of agreement, quiet title, or affirmative defenses) and advise on local practice.

How courts typically resolve partition cases in Wyoming

Wyoming courts will consider practicality and equity. If the property cannot be fairly divided, the court will usually order a sale and distribute proceeds after accounting for credits. If a co-tenant has made greater financial contributions toward mortgage, taxes, or improvements, the court may adjust distributions to reflect that. For specific statutory text and procedures, consult Title 1, Chapter 29 of the Wyoming Statutes: https://wyoleg.gov/statutes/compress/title01.pdf.

When to consider settlement or mediation

Settlement or mediation can save time and costs. Options to propose include:

• One co-tenant buys out the others at appraised value.
• Agree to a voluntary sale and split proceeds after agreed credits and costs.
• Set a timeline for one co-tenant to refinance the property and take over liens in exchange for payments to others.

Costs, timelines, and practical considerations

Partition actions can be expensive and slow. Expect court fees, appraisal costs, attorney fees, and possibly commissioner or auction costs. If the house is emotional family property, weigh the emotional cost of litigation against a negotiated outcome. Courts do not favor keeping an asset that one co-owner clearly wants to exit if division or sale is the only practical remedy.

Helpful Hints

• Gather title documents immediately: deed, probate papers, and any signed agreements among heirs.
• Track and save receipts for mortgage, taxes, insurance, repairs, and improvements—these support claims for credit in court.
• Get a professional appraisal early to support buyout offers or challenges to sale price.
• Consider temporary remedies (injunctions) only with counsel—courts expect specific proofs to pause a sale.
• Explore mediation before escalating to litigation—judges often encourage settlement in partition disputes.
• Don’t ignore the complaint deadline—failing to respond can create a default judgment and loss of rights.
• Ask an attorney about potential counterclaims such as an accounting, breach of agreement, or claims for waste or fraud.
• Remember tax and cost consequences of a sale vs. a buyout—speak with a tax advisor as needed.