Detailed Answer

When one co‑owner of real property has been adjudicated incompetent and has a court‑appointed guardian, a partition action in Wyoming proceeds with special protections for the incapacitated co‑owner. The guardian acts for the incapacitated person, but courts take extra steps to protect the ward’s property interests and to approve or supervise any sale or distribution of the ward’s share.

Which court handles the case

Partition actions (to divide or sell jointly owned real estate) are typically brought in the district court where the property lies. The guardianship proceeding for an incapacitated person is also handled by a Wyoming district court. Because both matters are in the same court system, the court will coordinate protections for the ward’s interest.

Who must be named as a party

The complaint for partition should name all record owners. If one owner is under a guardianship, the plaintiff should name the guardian as the defendant’s legally authorized representative and attach or reference the guardian’s letters of appointment. If the guardian’s authority is limited (for example, guardian of the person only), confirm whether a separate guardian of the estate or conservator exists because only a guardian with authority over the ward’s property can protect or relinquish the ward’s interest in real estate.

Service and notice

Serve the partition complaint on the guardian (and on the ward as required by court rules). Because the ward is incapacitated, the court may require additional notice procedures or appointment of a guardian ad litem or attorney to represent the ward’s best interests in the partition proceeding.

Guardian’s role and required court approvals

A guardian who controls the ward’s estate generally has the authority to manage and protect real property, but significant transactions—such as selling or transferring the ward’s ownership interest—often require prior approval by the guardianship court. In practical terms:

• If the partition results in a physical division of the land that leaves the ward with a distinct portion, the guardian may accept that division if consistent with the ward’s best interests and the guardian’s authority.
• If the partition results in a sale of the property (a common result when physical division is impractical), the guardian must seek court approval to sell the ward’s share or to accept proceeds on behalf of the ward. The guardian should obtain the guardianship court’s authorization before agreeing to a sale or payout that affects the ward’s estate.

Appointment of a guardian ad litem or attorney for the ward

If the existing guardian’s representation presents a conflict, if the guardian is unavailable, or if the court deems it necessary to protect the ward’s interests in the partition, the court may appoint a guardian ad litem or independent attorney to represent the ward in the partition action. That appointee evaluates whether the proposed partition or sale serves the ward’s best interests.

Practical steps in the partition action

1. Confirm the chain of title and co‑owners’ interests.
2. Obtain and review the guardian’s letters of appointment and any guardianship orders to determine the guardian’s powers over real property.
3. Attempt resolution: negotiate a buyout, voluntary partition, or sale with the guardian representing the ward.
4. If settlement fails, file a partition complaint in district court, naming the guardian as the representative defendant and providing proper service and notice.
5. Request appointment of commissioners or appraisers to value and, if necessary, physically divide or recommend sale of the property.
6. If the court orders sale, the guardianship court will usually need to approve sale terms affecting the ward’s share and the method for distributing sale proceeds.
7. The court oversees distribution of proceeds, accounting to protect the ward’s share, and any required bonding or escrow to secure the ward’s funds.

Protections for the incapacitated co‑owner

Wyoming courts require that the ward’s share receive appropriate protection. Typical protections include:

• Independent valuation of the property.
• Court approval of any sale or compromise affecting the ward’s interest.
• Appointment of an independent representative if the guardian’s interests conflict with the ward’s interests.
• Escrow or bonding of funds to secure the ward’s portion until distribution is proper.

Common outcomes

The court will choose the outcome that is fair and feasible. Common results include:

• Physical partition dividing the land among co‑owners.
• Partition by sale—property sold and proceeds distributed among co‑owners (with court approval for the ward’s share).
• Buyout—one co‑owner purchases the others’ interests (guardian must have authority or court approval to accept such a buyout on behalf of the ward).

Where to find the statutes and rules

Wyoming’s statutes and court resources explain partition and guardianship procedures. See the Wyoming Legislature’s statutes search page for statutory language and the Wyoming Judicial Branch for guardianship forms and local procedures:

• Wyoming Legislature — main site and statutes (search for “partition” and “guardianship” in the statutes).
• Wyoming Judicial Branch (guardianship forms, local court contacts, and procedural information).

Because statutes and local rules can be technical and change, consult the statute texts and local court rules or a licensed Wyoming attorney before acting.

Helpful Hints

• Confirm whether the guardian is guardian of the estate (property) or only of the person—only a guardian of the estate can typically act on real property without additional court approval.
• Obtain certified copies of the guardian’s letters of appointment and any guardianship orders before negotiating or filing suit.
• Try mediation or negotiated buyout first—court proceedings add cost and delay and the guardianship court must still approve major transactions.
• Expect the court to require independent appraisals and accountings before approving a sale of the ward’s interest.
• If the guardian is a private party with a potential conflict (for example, a co‑owner), ask the court to appoint an independent representative for the ward.
• Plan for delay: guardianship issues can add scheduling and evidentiary steps that prolong a partition case.
• Keep meticulous records: title documents, appraisal reports, guardianship paperwork, and communications with the guardian help the court evaluate fairness.
• Consult a Wyoming real property attorney experienced with partition and guardianship proceedings early to avoid procedural mistakes and to protect the ward’s rights.