Detailed Answer
Before your parents sell a piece of real estate, you can take concrete steps to confirm whether you hold any ownership interest and, if so, what percentage you own. Below is a practical, step-by-step approach tailored to Delaware property practice. This explains common ownership types, how to read title documents, and what actions to take if records are unclear.
1. Get the recorded deed
Start by obtaining the deed currently of record for the property. Deeds and other land records are recorded in the recorder/land records office for the county where the property sits (New Castle, Kent, or Sussex). The recorded deed tells you who appears as owner(s) and how title is held. You can get a copy in person or often online through the county recorder’s or clerk’s office.
What the deed will tell you
Look for these key items on the deed:
- The named owners (exact spelling matters).
- How the owners are described (phrases like “tenants in common,” “joint tenants with right of survivorship,” or “husband and wife as tenants by the entirety”).
- Any fractional language (for example, “each to an undivided one-half interest” or “as to a 25% interest”). When the deed specifies fractions, those control the ownership percentages.
2. Understand common ownership forms in Delaware
How title is phrased controls how ownership shares operate:
- Tenancy in common: Owners hold separate fractional interests that can be unequal and can be sold or inherited. If a deed creates tenancy in common and states fractions, those are the owners’ percentages. If the deed creates tenancy in common but doesn’t state shares, courts often treat the shares as equal unless evidence shows otherwise.
- Joint tenancy with right of survivorship: Co-owners usually have equal shares and the surviving co-owner(s) automatically receive the decedent’s share on death.
- Tenancy by the entirety: A form of ownership available to married couples in Delaware. It treats the couple as a single legal unit with survivorship rights and protection from certain creditors.
These general principles are part of Delaware property law. For the statutes that govern estates in land and related concepts, see Delaware Code, Title 25 (Property): https://delcode.delaware.gov/title25/.
3. Check the chain of title
If the current deed is ambiguous or you suspect earlier transfers affect your interest, examine prior deeds and recorded documents. A chain-of-title review shows how ownership changed over time and whether any recorded conveyance or lien affects your share.
4. Look for probate, wills, or trust documents
If ownership might come from an inheritance or a trust, check probate court records and any recorded indications of trust ownership. If the property passed by will or through a trust, the recorded deed may have changed after probate or trust administration.
5. Search for liens, mortgages, or judgments
Record searches reveal mortgages, tax liens, mechanic’s liens, and judgments that encumber the property. These do not necessarily change ownership percentages but can affect the proceeds if the property is sold.
6. Obtain a professional title search or title report
A licensed title company or an attorney can run a title search and issue a title report or commitment. This report summarizes the chain of title, lists liens and encumbrances, and will show how title is vested. If you need a clear, documented answer about percentage ownership, a title report is the fastest reliable source.
7. When records are unclear: legal remedies
If recorded documents don’t clearly state your percentage, or if you and other parties disagree, common next steps include:
- Asking the seller (your parents) to provide copies of deeds or instruments showing how title was conveyed to you.
- Hiring a Delaware real estate attorney to interpret deed language and advise on proof of share.
- Filing a quiet title action in Delaware court to obtain a judicial ruling that confirms ownership and percentages when competing claims exist.
8. If a sale is pending
Only those named on the recorded deed can sign to convey title. If you are listed as an owner, the seller will need your signature (or the signature of whoever holds title) to complete a sale. If you believe you have an interest but your name does not appear on title, act quickly: gather documents and consult a title company or attorney to protect any potential claim.
Practical checklist: Quick actions you can take today
- Obtain the recorded deed from the county recorder where the property sits.
- Read the vesting language on the deed and note any fractional descriptions.
- Ask for copies of any wills, trust documents, or earlier deeds from your parents or the family.
- Order a title report from a title company or contact a real estate attorney for a title search.
- If you find conflicting or missing information, consult a Delaware real estate attorney about a quiet title action or other remedies.
Where to look for recorded documents in Delaware
Start with the recorder/land records office in the county where the property is located (New Castle, Kent, or Sussex). For statutory background on property and estates in land, see Delaware Code, Title 25: https://delcode.delaware.gov/title25/. County recorder websites and the state code are the primary public resources for recorded deeds and statutory framework.
When to consult an attorney
If the deed language is unclear, if there are competing claims, if a sale is imminent and you assert an ownership interest, or if you need to preserve rights quickly, consult a Delaware real estate attorney. An attorney or a licensed title company can provide a formal title opinion, help with urgent filings, and represent you if court action is necessary.
Disclaimer: This article provides general information about Delaware property practice and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Delaware attorney.
Helpful Hints
- Do not rely on memory or informal family statements about ownership. Always confirm with recorded documents.
- Exact wording matters. Small differences—“and” versus “or,” or an express fraction—can change ownership rights dramatically.
- Property tax records show the name of the current owner(s) but usually do not list ownership percentages.
- Title companies provide paid, certified searches that most buyers and lenders rely on; a title report can resolve many uncertainties quickly.
- If your name is on the deed, you generally must sign to convey your interest; if it is not, you generally lack power to stop a sale unless you have another legal claim.
- Act promptly if you think you have an interest and a sale is scheduled. Preserving documents and seeking a fast title search will protect your options.