Wyoming Statutes

Wyo. Stat. § 1-32-109 (2026)

Appraisement required where estate cannot be

✓ current as of May 2026

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divided according to writ; return by commissioners; election to
take at appraised value.

When the commissioners are of the opinion that the estate cannot
be divided according to the demand of the writ without manifest
injury to its value, they shall return that fact to the court
with a just valuation of the estate. If the court approves the
return and one (1) or more of the parties elects to take the
estate at such appraised value, it shall be adjudged to him upon
his paying to the other parties their proportion of the
appraised value according to their respective rights, or
securing the same as hereinafter provided.

Notes of Decisions

Cited in 8 cases, 2000–2019 · leading case: Hutchins v. Payless Auto Sales, Inc., 2004 WY 22 (Wyo. 2004).

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Hutchins v. Payless Auto Sales, Inc., 2004 WY 22 (Wyo. 2004). · cites it 8× “[¶ 7] Payless filed a motion for summary judgment, asking the court to order, as a matter of law, that the property be partitioned in accordance with Wyo. Stat. Ann. § 1-32-109 (LexisNexis 2003).”

Alice A. Platt, 2014 WY 142 (Wyo. 2014). · cites it 12× “The Wyoming Territorial Legislature adopted the latter rule when it enacted in 1886 what is now Wyo. Stat. Ann. § 1-32-109 , as the statute provides for partition by allotment (where a coparcener essentially buys the other out) or by public sale, if “the estate cannot be divided…”

Catherine Elizabeth Martin, 2014 WY 112 (Wyo. 2014). · cites it 4× “" Wyo. Stat. Ann. § 1-32-111 . The statute then specifies how the sale must be conducted: All such sales shall be made at the courthouse unless the court for good cause directs it to be made on the premises.”

Gallagher v. Townsend, 443 P.3d 847 (Wyo. 2019). · cites it 3× “" Compare Wyo. Stat. Ann. § 1-32-109 (LexisNexis 2017), with Wyo.”

Ark Land Co. v. Harper, 599 S.E.2d 754 (W. Va. 2004). · cites it 2× “11 (West 1994); Wyo. Stat. § 1-32-109 (Lexis 2003). [6] The relevant part of W.”

Platt v. Platt, 2011 WY 155 (Wyo. 2011). “§ 1-32-109. Appraisement required where estate cannot be divided according to writ; return by commissioners; election to take at appraised value.”

Alice A. Platt, 2014 WY 142 (Wyo. 2014). · cites it 9× “The Wyoming Territorial Legislature adopted the latter rule when it enacted in 1886 what is now Wyo. Stat. Ann. § 1-32-109 , as the statute provides for partition by allotment (where a coparcener essentially buys the other out) or by public sale, if “the estate cannot be divided…”

In Re Est. of Sorenson, 9 P.3d 259 (Wyo. 2000). “Pertinent statutes provide: § 1-32-109. Appraisement required where estate cannot be divided according to writ; return by commissioners; election to take at appraised value.”

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