Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Delaware, co-owners of real estate may file a court petition to partition land when they cannot agree on its use or disposition. Partition actions are governed by Delaware Code Title 10, Chapter 63 (10 Del. C. § 6301 et seq.).
- Verify Ownership and Interests: Confirm all parties with an ownership interest. Obtain deeds, wills, or trusts to establish each relative’s share.
- Obtain a Legal Description: Hire a surveyor or review existing surveys to secure an accurate property description for the petition.
- Prepare the Petition: Draft a petition for partition stating the names and addresses of all co-owners, a description of the property, the type of ownership (tenancy in common or joint tenancy), and the relief sought (physical division or sale).
- File in the Appropriate Court: File the petition in the Delaware Superior Court in the county where the property is located. Pay the required filing fee as set by the court’s fee schedule.
- Serve Process on Co-Owners: Serve each co-owner with a copy of the petition and a summons according to Delaware Superior Court Civil Rules (typically Rule 4). Proper service ensures the court has jurisdiction over all parties.
- Respond to Objections or Motions: Co-owners may respond, object, or file motions (for example, to dismiss or to request an accounting). Attend all hearings as scheduled.
- Attend Court Hearing: Present evidence of ownership, property value, and requests. The court may order a property appraisal to determine fair market value.
- Court Decree of Partition: The court will issue a decree. It may order a physical division (if divisible without injury) or a sale with proceeds distributed among co-owners by ownership share.
- Implement the Decree: If the court orders sale, coordinate with the court-appointed commissioner or real estate agent. Distribute net proceeds after costs to each party.
Helpful Hints
- Gather title documents early to avoid delays.
- Consider mediation to reach an agreement before filing.
- Obtain a professional appraisal to support fair distribution.
- Ensure proper service to all parties to prevent dismissal.
- Keep detailed records of all filings and communications.