Updated October 8, 2026. Quick answer: No. Wyoming is a common law state. At divorce, Wyo. Stat. section 20-2-114 has the court make the “disposition of the property of the parties as appears just and equitable”, and at death the surviving spouse can elect one-half or one-fourth of the property subject to disposition under the will. The IRS lists nine community property states.
Wyoming community property at a glance
| Item | What the documents say |
|---|---|
| Regime | Common law |
| At divorce | The court disposes of the property as appears just and equitable (Wyo. Stat. 20-2-114) |
| At a spouse’s death | An elective share of one-half, or one-fourth if the spouse is not a parent of the surviving issue (Wyo. Stat. 2-5-101) |
| Federal basis at the first death | A qualified joint interest between spouses: one-half is included in the estate and steps up |
| Source | Wyoming Legislature (Legislative Service Office); IRS Publications 551 and 555; 26 U.S.C. 1014 |
What the Wyoming statutes say
Wyoming’s divorce statute directs the court to weigh “the condition in which they will be left by the divorce” along with the merits of the parties, the party through whom the property was acquired and burdens on the property.
At divorce in Wyoming
Just and equitable is a court determination on the facts. The text read sets no fixed 50/50 rule.
At a spouse’s death in Wyoming
Wyo. Stat. 2-5-101 gives a spouse deprived by the will a “right of election to take an elective share of that property”. The share depends on the issue: “One-half (1/2) if there are no surviving issue” or if the spouse is also a parent of the issue, and “One-fourth (1/4), if the surviving spouse is not” the parent of any surviving issue.
What it does to basis when the first spouse dies
Because Wyoming is not on the IRS’s list of community property states, a couple’s basis at the first death depends on title. IRS Publication 551 says to “Include one-half of the value of a qualified joint interest” in the decedent’s gross estate, and the survivor’s basis is the cost of the survivor’s own half plus the basis in the half inherited. Property in the decedent’s name alone is different: 26 U.S.C. 1014(a) gives the heir a basis equal to the property’s fair market value at the date of the decedent’s death.
Computed illustration, not tax advice: suppose a Wyoming couple paid $100,000 for shares held as a qualified joint interest, and the shares are worth $400,000 when one spouse dies. The survivor’s basis is the total of two halves: $200,000 for the half that steps up plus $50,000 as the cost of the survivor’s own half, which makes $250,000. A sale at $400,000 would then show a gain of $150,000. In a community property state the same facts would give a basis of the whole $400,000. CMG’s common law step-up page goes through the difference.
What the documents do not say
- The compiled title read does not show its edition year, so the text is not confirmed as of 2026.
- The share is measured against the property subject to disposition under the will, not an augmented estate.
Common mistakes
- Assuming the fraction is the same for every surviving spouse; Wyoming’s turns on whether the spouse is the parent of the surviving issue.
- Assuming the answer in this state settles it for a couple who move; the rules depend on the state where the spouses are domiciled and, for property in a trust, on the trust.
Related: why only half steps up in a common law state, Wyoming retirement taxes, and Wyoming probate cost.
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Answer againSources
- Wyo. Stat. 20-2-114 Disposition of property to be equitable; factors; alimony generally (Title 20 Domestic Relations): https://wyoleg.gov/statutes/compress/title20.pdf
- Wyo. Stat. 2-5-101 Elective share of property (Title 2 Wills, Decedents’ Estates and Probate Code): https://wyoleg.gov/statutes/compress/title02.pdf
- IRS Publication 551, Basis of Assets (December 2025): https://www.irs.gov/pub/irs-pdf/p551.pdf
- 26 U.S.C. 1014, Basis of property acquired from a decedent (United States Code, 2024 Edition): https://www.govinfo.gov/link/uscode/26/1014?link-type=html
Sources: the primary documents linked above, read on October 8, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.