Wyoming: How to File a Partition Action to Split Inherited Property When a Co-Owner Refuses to Cooperate

Quick summary: In Wyoming you can force a division of co-owned real property through a judicial partition action when a co-owner refuses to cooperate. The court can order either a physical division (partition in kind) or a sale with proceeds divided among owners. You should gather title documents, try to reach an agreement first, then file in the district court for the county where the property lies. This article explains the usual steps, the evidence you will need, possible outcomes, and practical tips to prepare.

What a partition action is (basic concept)

A partition action is a lawsuit that asks the court to divide property that two or more people own together. Co-owners may be tenants in common, joint tenants, heirs, or beneficiaries who hold title together. If owners cannot agree on how to divide or sell the property, one owner may ask the court to compel partition.

Which court hears partition cases in Wyoming

Partition actions are filed in the Wyoming district court for the county where the real property is located. For general Wyoming laws and to locate statutes or rules, see the Wyoming Legislature website: https://wyoleg.gov. For court rules and local filing information see the Wyoming Judicial Branch: https://www.courts.state.wy.us.

Step-by-step: How to prepare and file a partition action in Wyoming

1. Confirm ownership and gather documents.
   • Obtain a current title search or certified copy of the deed(s) from the county clerk/recorder where the property sits.
   • Collect the decedent’s will or probate documents if the property was inherited, any trust instruments, mortgage records, tax bills, insurance policies, surveys, and correspondence among co-owners.
2. Try to resolve the matter without court.
   • Send a written demand to the non-cooperating owner proposing partition in kind, sale, buyout terms, or a deadline to respond. Keep proof of delivery.
   • Mediation or a neutral appraiser can produce an equitable result and avoid court costs.
3. Decide relief to request from the court.

   Typical requests include:

   • Partition in kind (physically divide the land) if division is practical;
   • Partition by sale (sell the property and divide proceeds) if division is impractical or unfair;
   • Appointment of commissioners or a special master to value and divide the property;
   • Accounting for rents, profits, or contribution to mortgage, taxes, or improvements; possession while suit proceeds; and attorney fees where statute or contract allows.
4. Prepare and file the complaint (petition).
   • Draft a complaint naming all co-owners and any lienholders. Explain your ownership interest, the property description, the refusal to cooperate, and the specific relief you want (partition in kind or sale).
   • Attach copies of deeds and relevant documents. Identify the county where the property is located; file in that county’s district court.
5. Serve the co-owners and interested parties.

   After filing, serve the complaint and summons on every co-owner and any party with a recorded interest (mortgage holders, judgment creditors). Proper service is required to establish the court’s authority over the parties.

6. Request temporary relief if needed.

   If the property is at risk (e.g., waste, unauthorized sale, or unpaid taxes), ask the court for temporary orders for possession, injunctions, or an accounting while the case proceeds.

7. Discovery and valuation.

   Use discovery to obtain financial records and valuations. The court commonly appoints appraisers or commissioners to value the property and recommend division or sale.

8. Trial or settlement and final order.

   If parties don’t settle, the court decides whether partition in kind is feasible. If it is, the court will order how to divide the property and may allocate adjustments so each owner gets an equitable share. If division is impractical, the court will order a sale and distribution of proceeds after paying liens, costs, and allowable credits.

Common outcomes and what to expect

• Partition in kind: the property is divided physically; adjustments may be made if parcels are unequal.
• Partition by sale: the property is sold (often at public or private sale), and proceeds are divided after debts and costs.
• Accounting: a co-owner who paid more than their share of mortgage, taxes, or improvements may receive credit at distribution.
• Costs and fees: the court can allocate court costs and sometimes attorney fees depending on statute or contract.

Evidence you will likely need

• Recorded deed(s) or title report showing ownership shares.
• Survey, site plans, or maps to help the court or commissioners divide land.
• Records of payments (mortgage, taxes, insurance, repairs) showing who paid what.
• Appraisals or opinions of value to support a fair division or to justify a sale.

Special issues with inherited property

If the property passed via will or intestate succession, make sure ownership was properly recorded during probate or transfer. If the estate is still open, talk to the personal representative or the estate’s attorney—sometimes partition actions are stayed until probate issues resolve, but often heirs can seek partition after title vests in them.

Where to find the relevant Wyoming law and court rules

Partition procedures and related remedies are governed by Wyoming statutes and district court rules. Start by reviewing resources at the Wyoming Legislature: https://wyoleg.gov and the Wyoming Judicial Branch for local filing rules and forms: https://www.courts.state.wy.us. For exact statutory provisions and any updates, use the Legislature site’s statute search or contact the clerk of the district court in the county where the property sits.

When to hire an attorney

Consider hiring an attorney if:

• Title records are unclear or contradictory;
• Multiple liens, creditors, or complicated heirship issues exist;
• Significant disagreement exists about whether partition in kind is feasible;
• You need emergency relief (to prevent waste, protect rental income, or stop a threatened sale); or
• You want help negotiating a buyout or settlement to avoid litigation costs.

Practical timeline and costs

Costs and timing vary. Simple agreed partitions can take a few months; litigated cases involving appraisals, discovery, and sale often take a year or more. Expect court filing fees, service costs, appraisal and commission fees, and possibly attorney fees. The court will typically deduct these costs from sale proceeds if it orders a sale.

Note: This overview covers common elements of partition cases in Wyoming but does not substitute for reviewing the statutes and local rules or consulting a lawyer about your specific situation.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your case, consult a licensed Wyoming attorney.