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). · cites it 14× “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). · cites it 8× “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). · cites it 4× “[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). · cites it 2× “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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