Wyoming Statutes
Wyo. Stat. § 34-2-121 (2026)
Conveyance and encumbrance of homesteads void
✓ current as of May 2026
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unless spouse joins; exception. Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing conveying, mortgaging, disposing of or encumbering such homestead shall contain in substance the following words: "Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state", and shall be freely and voluntarily signed and acknowledged by the owner and the spouse of the owner of said homestead. The foregoing provisions shall not be applicable to nor shall compliance therewith be required for full legal effectiveness of any conveyance of property directly from husband to wife.
Notes of Decisions
Cited in 4
cases, 1981–2005 · leading case: Hart v. Crawford (In Re Hart), 332 B.R. 439 (Bankr. D. Wyo. 2005).
Hart v. Crawford (In Re Hart), 332 B.R. 439 (Bankr. D. Wyo. 2005). “1-20-101-102 (LexisNexis 2005); Wyo. Stat. Ann. § 34-2-121 (LexisNexis 2005).”
Geist v. Converse Cnty. Bank, 79 B.R. 939 (D. Wyo. 1987). “Release of homestead is required by Wyoming statute section 34-2-121 (1977), which provides, in part: Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing…”
Gregory v. Sanders, 635 P.2d 795 (Wyo. 1981). “[2] Section 34-2-121, W.S. 1977: "Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing conveying, mortgaging, disposing of or encumbering such homestead shall…”
VanGorp v. Norwest Fin. Wyoming, Inc. (In re VanGorp), 128 B.R. 579 (Bankr. D. Wyo. 1991). “Section 34-2-121 provides, Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing conveying, mortgaging, disposing of or encumbering such homestead shall…”
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