Understanding Partition Actions Under Delaware Law
Partition actions let co-owners divide or sell real property when one owner requests it. Delaware Code 10 Del. C. § 5101 et seq. governs these procedures. You can file a partition action if you hold an interest as a tenant in common or joint tenant. You can also consent if a co-owner initiates the case.
Step 1: Confirm Your Co-Ownership Status
Verify your ownership type by reviewing the deed or title report. Only joint tenants or tenants in common may seek or consent to partition.
Step 2: File a Partition Complaint
Prepare a complaint stating each owner’s interest, property description, and relief requested. File it in the Delaware Superior Court (equity division) or Court of Chancery. Cite 10 Del. C. § 5101.
Step 3: Serve All Co-Owners
Serve each co-owner with the summons and complaint. If you cannot locate an owner, request alternate service under the Delaware Rules of Civil Procedure.
Step 4: Participate in Commissioner Appointment
If owners contest division, the court appoints a commissioner under 10 Del. C. § 5105. The commissioner inspects the property, determines fair market values, and proposes a division or sale plan.
Step 5: File Objections to the Commissioner’s Report
After the commissioner files a report, owners have 15 days to submit written objections. Challenge valuation errors or proposed allocations.
Step 6: Obtain a Final Decree of Partition
The court reviews the report and any objections. It issues a final decree ordering physical division or sale. If the court orders sale, the commissioner conducts the sale and distributes net proceeds per ownership shares.
Helpful Hints
- Obtain a current title search to confirm all owners and liens.
- Consider mediation or a voluntary agreement to avoid contested proceedings.
- Review Delaware Rules of Civil Procedure Rule 71 for additional partition procedures.
- Know that consenting to a partition plan can limit appeal rights.
- Keep detailed records of service, filings, and the commissioner’s activities.
Disclaimer: This article provides general information under Delaware law. It is not legal advice. Consult a qualified attorney before taking action.