Detailed Answer
In Delaware, a partition action follows the procedures set out in Title 10, Chapter 87 of the Delaware Code. Once all parties receive service and the response period (typically 20 days under Del. Super. Ct. Civ. R. 12(a)(1)) ends without an answer, you can take the following steps to set a hearing:
- File Proof of Service and Return of Writ. File the proof of service and the return of the writ with the court clerk promptly after the response window closes.
- Obtain Default if No Response. Under Del. Super. Ct. Civ. R. 55(a), request the clerk’s entry of default once the 20-day answer period expires.
- Praecipe for Hearing. Prepare and file a praecipe with the court clerk requesting a hearing date. Suggest multiple available dates at least five business days apart per Del. Super. Ct. Civ. R. 6(d).
- Notice of Hearing. After the clerk fixes a date, serve a written Notice of Hearing on all parties (including defaulting defendants) at least 10 days before the hearing, as required by 10 Del. C. § 8711.
- Submit Proposed Order and Evidence. File a proposed order for partition and any supporting evidence (e.g., appraisals, title documents) at least five business days before the hearing in accordance with local court guidelines.
At the hearing, the court may decree a physical division of the property or order its sale and distribute proceeds among co-owners under 10 Del. C. § 8712.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Track deadlines closely: Delaware courts enforce the 20-day response period rigidly.
- Understand the difference: A praecipe asks the court to set a date; the notice informs parties of that date.
- Don’t skip default entry: You cannot proceed to a final partition hearing until default is entered for non-responding parties.
- Gather evidence early: Secure appraisals and title documents to avoid last-minute filings.
- Check local rules: Confirm county-specific praecipe and notice requirements in the Superior Court’s procedural guidelines.