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Wyoming · DeedsWyoming homestead sales: the spouse signs and acknowledges a homestead release

Wyoming lets the owner or occupant of a homestead sell, mortgage or otherwise dispose of it, but the instrument must contain in substance the words "Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state" and must be freely and voluntarily signed and acknowledged by the owner and the owner's spouse (W.S. 34-2-121). The requirement doesn't apply to a conveyance directly from one spouse to the other (34-2-121). Every resident is entitled to a homestead exemption of up to $100,000 in value from execution and attachment, and it applies only while the home is occupied by the owner or the person entitled to it, or the family (1-20-101, 1-20-102). For older deeds, a recorded conveyance that has no homestead release and doesn't state the grantor's marital status is conclusively presumed, once it has been of record for ten years, not to have involved a homestead of the grantor or the grantor's spouse (34-5-113).

What the statutes set

  1. Release clause (34-2-121)

    The deed or mortgage must contain the homestead release and waiver words.

  2. Both sign (34-2-121)

    Owner and spouse sign and acknowledge freely and voluntarily.

  3. Between spouses (34-2-121)

    Not required for a conveyance directly between spouses.

  4. Old deeds (34-5-113)

    No release or marital status, 10 years of record: presumed not a homestead.

What the TC checks before a Wyoming homestead is sold or mortgaged

  • Ask whether the seller is married and lives in the house.
  • Confirm the deed and any mortgage contain the homestead release language.
  • Book the notary for both spouses, since both must sign and acknowledge.

Questions about Wyoming spouse signatures

Does a spouse have to sign to sell a Wyoming home?

If it's the homestead, yes: the owner and the spouse must sign and acknowledge an instrument with the homestead release language (W.S. 34-2-121).

What if an old Wyoming deed has no homestead release?

After ten years of record, a conveyance without a release or the grantor's marital status is conclusively presumed not to have involved a homestead (W.S. 34-5-113).

Related guides

Track every required signer and the notary appointment as tasks on the deal in ClosingCode.

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Sources: W.S. 34-2-121, 34-5-113, 1-20-101, 1-20-102 (wyoleg.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.