How to Force the Sale or Division of Real Property You Still Co-Own with an Ex in Wyoming

Short answer: If you still own real property with your ex in Wyoming, your main legal options are (1) try to resolve the matter by agreement (buyout, sale and split proceeds, or deed transfer), (2) enforce any divorce or property settlement order already entered by the court, or (3) file a partition action in Wyoming district court to force a division or sale. Each path has costs, deadlines, and practical consequences; this article explains how each works and what to expect.

Disclaimer

This is general information, not legal advice. Laws change and every situation is different. Talk to a Wyoming attorney before making decisions that affect your property, finances, or legal rights.

Detailed answer — your options under Wyoming law

1) Check your divorce decree or property settlement first

If the divorce judgment or a written marital settlement agreement assigned the property to one spouse, your first step is to enforce that order. A court order directing a deed transfer or sale is enforceable. If the other party refuses to sign a deed or comply, the court can be asked to enforce the judgment (for example, by entering a writ or ordering conveyance). Keep a certified copy of the decree and any signed settlement.

2) Negotiate a private solution (fastest, often cheapest)

Parties commonly resolve co-ownership by agreement rather than litigation. Options include:

One party buys out the other: agree a buyout price and the buyer refinances the mortgage and obtains a deed (quitclaim or warranty deed) transferring the seller’s interest.
Sell the property on the open market and split net proceeds according to your ownership shares or the settlement terms.
Partition by agreement: divide title, adjust boundaries (rare for houses), or transfer specific portions if land divides physically.

Private resolution avoids court costs, reduces delay, and gives you control of timing and price.

3) File a partition action in Wyoming district court (for a forced division or sale)

If you cannot reach an agreement, Wyoming law allows a co-owner to sue for partition. A partition action asks the court to either physically divide the land (partition in kind) or order a sale and divide the proceeds among owners according to their shares. Partition is the standard route to force a division or sale when co-owners cannot agree.

What to expect in a Wyoming partition action:

Filing: You (the plaintiff) file a petition in the appropriate Wyoming district court asking for partition of the real property. The petition must identify the property and the co-owners and allege your ownership interest.
Notice and joinder: All co-owners and recorded lienholders must be joined or properly notified so they can defend their interests.
Type of partition: The court typically prefers partition in kind if the land can be fairly divided without prejudice to owners. If division in kind is impracticable or inequitable (e.g., a single-family home on one lot), the court will order a sale and apportion proceeds.
Commissioner or referee: The court may appoint an officer to oversee division or sale, handle bidding, and prepare the deed or distribute funds.
Liens and mortgages: Existing mortgages and liens attach to the property and will be paid out of sale proceeds in priority order. A co-owner’s inability to pay the mortgage does not necessarily prevent partition, but liens affect net proceeds.
Costs and timing: Expect months to over a year depending on disputes, appraisal needs, and local court backlog. Costs include filing fees, attorney fees, appraiser fees, and commissioner fees. The court may award costs and sometimes attorneys’ fees in limited circumstances.

For procedural information about Wyoming courts, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/ and search for partition or civil procedure resources.

4) Alternatives and related remedies

Enforcement of Decree: If the divorce court awarded property to one spouse and title was not transferred, you can return to family court or the district court to enforce the judgment or obtain an order directing the county clerk or co-owner to transfer title.
Quiet title action: If title disputes involve adverse claims or defects, a quiet title action can clear clouds on title before a sale or transfer.
Contempt or sanctions: If a co-owner refuses to comply with a court order, motioning the court for contempt may lead to enforcement or sanctions.

5) Ownership form matters — determine how title is held

Different title forms change expectations and remedies:

Tenancy in common: Each co-owner has an individual share and can force partition.
Joint tenancy with right of survivorship: Still subject to partition during the joint tenancy holder’s life; survivorship affects what happens at death.
Property awarded by divorce decree: A court order can change ownership even if the deed wasn’t re-recorded, but you may need a court order to clear title.

6) How courts divide proceeds or property in divorce vs. partition

Note the difference: Divorce courts divide marital property under equitable-distribution principles (not necessarily equal). A partition action divides ownership shares among current co-owners. If the divorce is final and the decree awarded property to one spouse, that order controls; if the decree left the property shared or did not address it, partition law applies.

Practical steps to take now

Obtain a certified copy of the divorce decree and any property settlement agreement.
Order a current title search to confirm how title is held and list of lienholders.
Get a professional appraisal or comparative market analysis so parties know a realistic buyout or sale value.
Talk to your ex about buyout, sale, or mediation before filing suit — courts encourage settlement.
If you plan to litigate, consult a Wyoming real estate or family law attorney to evaluate enforcement of the decree vs. partition action and to prepare pleadings.

Helpful hints

Gather documents: deed, mortgage statements, divorce decree, settlement, tax bills, insurance, and expense records showing contributions to the property.
Check mortgage eligibility: A buyout usually requires the buyer to qualify to refinance the loan; otherwise a sale may be the only practical remedy.
Consider mediation: A mediated settlement can save time and money and is usually confidential.
Expect costs: Partition and enforcement actions carry filing fees, attorneys’ fees, appraisal costs, and possible experts. Weigh these against the likely proceeds from a sale.
Know that partition usually results in a court-ordered sale if the property is not physically divisible without prejudice (common for houses).
Address taxes: Selling or transferring property has tax consequences—capital gains, change-of-basis, and closing costs. Consult a tax professional.
Title cleanup: If the transfer is ordered by the divorce court, you may need a court order recorded with the county clerk to remove the other party from title.

Where to find Wyoming statutes and court resources

For statutory language, local rules, and official guidance consult the Wyoming Legislature and Wyoming courts:

Wyoming Legislature (statutes and session laws): https://wyoleg.gov/
Wyoming Judicial Branch (court rules and court contact information): https://www.courts.state.wy.us/

When to hire an attorney

If your ex refuses to transfer title, a mortgage or lien complicates the matter, or the property has significant value, consult a Wyoming attorney experienced in real estate litigation or family law. An attorney can help you enforce a divorce decree, prepare a partition action, and protect your financial interests through settlement negotiations or court filings.

If you want, I can help you prepare a checklist of documents to bring to an attorney or a short template of points to cover in mediation.