Detailed Answer

Short answer: Under Wyoming law, yes — you can ask the court in a partition action to appoint a commissioner (sometimes called a referee or special master) to handle the sale of real property, and that sale can be structured as a private sale to a particular buyer, but the court has broad discretion. The court will approve appointment and the sale only if the procedure protects all owners’ interests, provides proper notice, avoids conflicts of interest, and produces a fair result.

How partition sales and commissioners generally work in Wyoming

When cotenants cannot agree on dividing real property, a partition action asks the court to divide the property. If the court finds that dividing the land physically (a “partition in kind”) is impractical or would unfairly harm one or more owners, it may order partition by sale and direct how that sale will occur. Courts commonly appoint a neutral officer — often called a commissioner, referee, or special master — to manage the sale, receive bids, and report back to the court.

Wyoming statutes and court rules set the framework for civil actions, notice, and sale procedures. For statutory text and procedures, see the Wyoming statutes and the Wyoming courts website: Wyoming Statutes and Wyoming Judicial Branch.

When a court will approve a commissioner and a private sale

The court will consider several factors before appointing a commissioner and approving a private sale to a proposed buyer:

Practicability and fairness: Whether a private sale is reasonably likely to yield the best result for all owners compared with a public sale or partition in kind.
Notice and opportunity to object: All interested parties (co-owners, lienholders, and other recorded interest holders) must receive proper notice and an opportunity to be heard before the court approves a sale.
Conflict of interest and disclosure: If the commissioner, a party, or an attorney has a relationship to the buyer, the court will scrutinize that relationship. Full disclosure is required; courts may refuse a sale tainted by self-dealing or inadequate disclosure.
Price and marketing: The court will evaluate whether the agreed price is fair. Evidence such as appraisals, comparable sales, marketing efforts, or competing offers helps the judge decide if the private sale is reasonable.
Terms and conditions: Unusual or burdensome sale conditions (contingencies, seller financing, delayed closings) may cause the court to require changes or to prefer a public sale.

Typical process to ask the court to appoint a commissioner for a private sale

File a motion or stipulation. Ask the court to appoint a commissioner (name the person if you have a proposed appointee) and to authorize a private sale to a identified buyer, attaching the purchase agreement and evidence supporting the sale price (e.g., appraisal).
Provide full disclosure. Include ownership history, liens, any relationship between parties and the buyer or proposed commissioner, and efforts to market the property.
Serve and notify interested parties. Give statutory notice to all tenants in common, mortgagees, lienholders, and any other persons with recorded interests so they can object or protect their rights.
Hearing. The court will typically hold a hearing where parties may object and lay out evidence showing whether the private sale is fair and reasonable.
Appointment order and sale conditions. If the court approves, it will enter an order appointing the commissioner and set the scope: marketing duties, minimum acceptable price, timelines, required accounting, and how sale proceeds will be handled and distributed.
Commissioner’s report and confirmation. After the sale, the commissioner files a report and account with the court. The court usually must confirm the sale (or may set aside the sale if misconduct or unfairness appears) before proceeds are distributed.

Practical limits and points of caution

Be aware of these practical limits when requesting a private sale:

Court discretion: Judges often prefer public sales to ensure transparency and the best price, so private sales face closer examination.
Self-dealing risk: If a party to the action or the commissioner has a direct interest in the buyer, the court may require independent valuation or deny the private sale to avoid conflicts.
Costs and delays: A contested motion, litigation over the sale, or objections from lienholders can delay closing and increase costs.
Protect lenders and lienholders: Mortgages and liens must be addressed before proceeds are distributed. Creditors sometimes demand payoff or protections before the court approves sale distribution.

When a private sale is a good option

A private sale can make sense if:

The buyer offers a strong, well-documented price that is clearly equal to or better than expected public-sale proceeds;
The parties want to avoid the time and cost of marketing and a public auction;
The owner-buyers agree and no third party objects, or the court finds that objections lack merit;
The sale terms are straightforward (cash at closing, short closing period), and there is full disclosure to the court.

What you should prepare before asking the court

Written purchase agreement with buyer and copies of any earnest money or proof of funds.
Current title report, recorded interests, and payoff figures for mortgages or liens.
Recent independent appraisal(s) or market comps supporting the sale price.
Full disclosure of relationships between parties, buyer, and any proposed commissioner.
A proposed order appointing the commissioner and authorizing the sale, and a proposed timeline and accounting requirement for the commissioner’s report to the court.

How an attorney can help

An attorney can help you draft the motion, gather and present valuation evidence, ensure proper notice and service, propose a qualified, neutral commissioner, and argue to the court why a private sale is fair and appropriate under the circumstances. If objections arise, an attorney helps prepare the defense or negotiate alternate terms.

Helpful Hints

Start with transparency: fully disclose buyer relationships and any potential conflicts in your filings.
Document value: provide at least one independent appraisal or multiple comparables to justify a private-sale price.
Propose neutral appointees: suggest a commissioner with no ties to parties or the buyer to reduce objections.
Offer protections to objecting parties: consider a short period for overbids or a minimum threshold so the court sees you protected others’ interests.
Keep records: require the commissioner to file a written account, copies of closing documents, and a recommended distribution order for the court’s review.
Address liens up front: show how mortgage payoffs and lien priorities will be handled so proceeds distribution is clear.
Be prepared for a confirmation hearing: even after sale, the court may require a hearing to confirm the sale before funds are released.