Detailed Answer
What a partition action is: A partition action is a court lawsuit that lets co-owners of real property force a physical division of land (partition in kind) or an orderly sale of the property (partition by sale) when owners cannot agree. In Wyoming, a partition action is brought in the district court where the property is located. The court decides whether the land can be divided fairly or whether a sale is necessary, and it supervises how sale proceeds or divided parcels are allocated.
Who can file
Any person with a legal ownership interest in the property—commonly tenants in common or joint tenants—can file for partition. Good-faith purchasers, lienholders and certain people who claim an interest that affects title must be named or served so the court can resolve rights and liens.
Before you file: try resolving the dispute
Courts favor resolving disputes without litigation. Try these steps first:
- Confirm ownership and each owner’s share using the deed and title documents.
- Attempt negotiating a buyout or agreed sale price.
- Consider mediation to craft a settlement (cheaper and faster than litigation).
- Get a market appraisal to support valuation discussions.
How to start a partition action in Wyoming (step‑by‑step)
- Gather documents and facts: deed(s), surveys, mortgage statements, tax records, evidence of contributions (improvements, payments), leases or rental records, and any written communications about ownership or offers.
- Choose the proper court: File in the Wyoming district court in the county where the property is located. The district court has authority to order partition and sale and to appoint referees or commissioners to evaluate the property.
- Prepare the complaint (petition): The complaint should identify the property, list all co-owners and their claimed interests, explain why partition is necessary, and state whether you request partition in kind or sale. Ask the court to determine liens, order an accounting if needed, and appoint commissioners, a receiver, or a referee to carry out division or sale.
- Name and serve all interested parties: You must serve all record owners, people with recorded liens or mortgages, and any other parties who claim an interest. If someone’s address is unknown, the court has procedures for service by publication or other methods.
- Temporary relief (if needed): If there is a risk a co-owner will waste or remove value from the property, you can ask the court for temporary orders (e.g., injunctions, appointment of a receiver) to protect the property while the case proceeds.
- Evidence and valuation: The court commonly orders an appraisal. Parties submit evidence about value, costs, improvements, rents, and expenses to allow the court to fairly allocate proceeds or parcels.
- Commissioners or sale: If the court finds partition in kind feasible, it will appoint commissioners to divide the land. If division is impractical or would unfairly reduce value, the court will order a sale—private or at public auction—and direct how proceeds will be distributed after paying liens and costs.
- Distribution and accounting: The court supervises the accounting: pay outstanding liens, mortgages, taxes, sale costs, and then distribute remaining proceeds according to ownership shares. The court may adjust shares for unequal contributions (improvements, expenses) if equitable under the evidence.
- Final decree and recording: The court issues a final judgment (decree of partition). If land was divided, deeds or interests will be recorded to reflect the new ownership. If sold, the sale proceeds distribution and extinguishment or enforcement of liens are recorded as necessary.
Key legal points specific to Wyoming
- File the action in the district court for the county where the land sits.
- All persons with an interest in the property should be named or served so the court can resolve all claims in one case.
- The court has discretion to divide the land or order sale when division would be impractical or inequitable.
For general statutory reference on Wyoming laws and civil procedure governing property and court actions, consult the Wyoming statutes and the Wyoming Judicial Branch resources:
- Wyoming statutes: https://wyoleg.gov/statutes
- Wyoming Judicial Branch (courts, rules, and district court information): https://www.courts.state.wy.us
Practical tips on evidence and costs
- Bring original deeds, a current title report, and any recorded easements or liens to court.
- Document who paid taxes, mortgages, insurance, utilities, and who made improvements. The court may credit or charge owners based on this accounting.
- Expect that courts award legal fees and costs only in limited circumstances—factor litigation costs into your decision to sue.
When partition is not the best option
If the property has unique nondivisible value (e.g., a single-family home on a small lot), selling and dividing proceeds may be more likely than a physical division. Also consider negotiated buyouts or refinancing options to let one owner buy other shares.
When to get a lawyer
Hire an attorney if the title is complex, multiple lienholders exist, co-owners actively resist, or the property has significant value. An attorney can prepare pleadings, manage service on all parties, address lien priority, and represent you at hearings and sale proceedings.
Where to look for help locally
Look up the district court clerk’s office for filing procedures and fee schedules. Local bar associations and legal aid clinics can help with referrals and limited-scope assistance if you cannot afford full representation.
Disclaimer
This information is educational and does not constitute legal advice. Laws change and every case turns on its facts. Consult a Wyoming-licensed attorney to discuss your situation and next steps.