Wyoming Statutes

Wyo. Stat. § 17-21-202 (2026)

Creation of partnership.

✓ current as of May 2026
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(a) Except as provided in subsection (b) of this section,
the association of two (2) or more persons to carry on as
co-owners of a business for profit creates a partnership,
whether or not the persons intend to create a partnership.

     (b) An association created under a statute other than this
chapter, any predecessor law or comparable law of another
jurisdiction is not a partnership.

     (c) In determining whether a partnership is created, the
following rules apply:

          (i) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property or part ownership
does not by itself establish a partnership, even if the
co-owners share profits made by the use of the property;

          (ii) The sharing of gross returns does not by itself
establish a partnership, even if the persons sharing them have a
joint or common right or interest in property from which the
returns are derived;

          (iii) The receipt by a person of a share of the
profits of a business is prima facie evidence that the person is
a partner in the business, but that inference may not be drawn
if the profits were received in payment:

              (A)   Of a debt by installments or otherwise;

               (B) For services as an independent contractor or
of wages or other compensation to an employee;

              (C)   Of rent;

               (D) Of an annuity or other retirement or health
benefit to a beneficiary, representative or designee of a
deceased or retired partner;

               (E) Of interest or other charge on a loan, even
if the amount of payment varies with the profits of the
business, including a direct or indirect present or future
ownership of the collateral or rights to income, proceeds or
increase in value derived from the collateral; or

               (F) Of consideration for the sale of the
goodwill of a business or other property by installments or
otherwise.
     (d) Except as provided by W.S. 17-21-308, persons who are
not partners as to each other are not partners as to other
persons.

     (e) A partnership created under this chapter is a general
partnership and the partners are general partners of the
partnership.
Notes of Decisions
Cited in 3 cases, 2000–2019 · leading case: Redland v. Redland, 288 P.3d 1173 (Wyo. 2012).
Redland v. Redland, 288 P.3d 1173 (Wyo. 2012). · cites it 2× “[T177] The Wyoming Uniform Partnership Act provides that "the association of two (2) or more persons to carry on as co-owners of a business for profit creates a partnership, whether or not the persons intend to create a partnership.”
Barton v. Barton, 996 P.2d 1 (Wyo. 2000). · cites it 3× “Husband contends that because the parties treated their rental properties as a business venture, they created a partnership by operation of Wyo. Stat. Ann. § 17-21-202 (a) (LEXIS 1999) (“Except as provided in subsection (b) of this section, the association of two (2) or more…”
Norris v. Besel, 442 P.3d 60 (Wyo. 2019). · cites it 4× “Partnership [¶13] The Wyoming Uniform Partnership Act provides that "the association of two (2) or more persons to carry on as co-owners of a business for profit creates a partnership, whether or not the persons intend to create a partnership.”
— Wyo. Stat. § 17-21-202(e) — 1 case
Barton v. Barton, 996 P.2d 1 (Wyo. 2000). “Husband contends that because the parties treated their rental properties as a business venture, they created a partnership by operation of Wyo. Stat. Ann. § 17-21-202 (a) (LEXIS 1999) (“Except as provided in subsection (b) of this section, the association of two (2) or more…”
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