Detailed answer — How the process works under Delaware law

Partition actions resolve disputes when two or more people own the same real property and cannot agree about possession, sale, or use. In Delaware such disputes are typically resolved through an equitable action in the courts (often the Court of Chancery or Superior Court depending on the relief requested and procedural posture). Partition can produce either a physical division of the land (partition in kind) or a sale with proceeds divided among the owners (partition by sale).

1. Confirm ownership and how title is held

Find the deed. The deed will show whether your late father owned the house alone, with another person as joint tenants with right of survivorship, or as tenants in common. If the deed contains a right of survivorship, the property may have passed automatically to the surviving joint tenant(s) and may not be subject to partition. If held as tenants in common, each co-owner has an undivided share and a co-owner can seek partition.

2. Check whether the property is in probate

If the house is part of your father’s probate estate, the executor or administrator appointed in the probate case controls estate property until distribution. Talk to the personal representative first. Delaware’s decedents’ estates statutes apply to probate administration — see Delaware Code, Title 12: https://delcode.delaware.gov/title12/.

3. Try negotiation or appraisal first

Courts expect owners to try to resolve disputes. Ask for an appraisal and offer a buyout or sale. Written demand for partition can be useful evidence if you later file in court.

4. Filing a partition action

If negotiations fail, you (or your attorney) file a complaint for partition in the appropriate Delaware court. The complaint typically names all co-owners and any party with a recorded interest (mortgagees, lienholders). The complaint should include:

• Identification of the property by legal description;
• The nature of each party’s claimed interest;
• A statement that the parties cannot agree and a request for partition (in kind or sale) and for appointment of a person to divide or sell the property;
• A request for the court to determine liens, outstanding debts, and distribution of sale proceeds.

Which court? Partition remedies are equitable in nature. Many Delaware partition disputes are handled in the Court of Chancery; some matters (especially related to foreclosure or actions at law) may move through Superior Court. Check local rules and the nature of relief you seek. Delaware Court of Chancery: https://courts.delaware.gov/chancery/. Delaware Superior Court: https://courts.delaware.gov/superior/.

5. What the court can order

The court may order partition in kind when practical. If the land cannot be fairly divided, the court will order a sale and divide the proceeds according to ownership shares after paying liens, mortgages, taxes, sale costs, and legal fees. Courts can appoint a commissioner, master, or referee to oversee a sale.

6. Mortgages, liens, and taxes

Existing mortgages and liens usually attach to the property and must be paid from sale proceeds. The party seeking partition should identify mortgage holders and lienholders and name them in the suit so the court can resolve their claims.

7. Timing and costs

Partition actions can take months to resolve and often longer when title or probate issues exist. Expect filing fees, service fees, appraisal costs, and attorney fees. Courts sometimes award attorneys’ fees in equitable actions depending on the facts. Budget for inspections, surveys, and settlement costs if the court orders a sale.

8. Possible defenses and complications

Co-owners may raise defenses such as waiver, estoppel, or claim that partition would be inequitable given contributions to improvements or special circumstances. Probate claims, unresolved intestacy disputes, or unrecorded interests can complicate the case.

9. After the sale

The court will supervise distribution of proceeds after satisfying liens and costs. If one co-owner buys the property at sale, the court issues an order or deed clearing title consistent with the court’s directions.

For general statutory references, review Delaware’s property and probate laws: Title 25 (Property): https://delcode.delaware.gov/title25/; Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/. Also consult the Delaware Courts website for local filing rules: https://courts.delaware.gov/.

Practical step-by-step checklist (what to do first)

1. Get the deed and check the Recorder of Deeds for the county where the house sits.
2. Obtain a certified copy of your father’s death certificate.
3. Determine whether a probate estate is open and who the personal representative is.
4. Get a current mortgage payoff statement and list of recorded liens or judgments.
5. Request a current appraisal or market analysis.
6. Speak with co-owners about buyout or sale; send a written partition demand if talks fail.
7. If unresolved, consult a Delaware real property attorney and prepare to file a partition complaint in the proper court.

When to hire an attorney

Hire a Delaware real property or probate lawyer when ownership is disputed, liens exist, probate matters overlap, or co-owners will not cooperate. An attorney can draft the complaint, serve parties, handle title issues, and represent you at hearings.

Helpful Hints

• Start with the deed and death certificate — these two documents answer many ownership questions.
• Try mediation or a neutral appraisal before filing — courts often expect good faith efforts to settle.
• Include all record lienholders and interested parties in the complaint so the court can distribute sale proceeds cleanly.
• If you want to keep the property, propose a buyout price backed by an appraisal to avoid sale costs and uncertainty.
• Keep records of payments you made (mortgage, taxes, improvements). The court may account for unequal contributions when dividing proceeds.
• Be prepared for taxation issues — sale proceeds can have tax consequences; consult a tax advisor.
• Use official Delaware resources for forms and court rules: Delaware Courts: https://courts.delaware.gov/.