How to File a Partition Action in Delaware to Force Sale of an Inherited Interest
How to File a Partition Action in Delaware to Force Sale of an Inherited Interest Disclaimer: This article explains general Delaware law and procedure for informational purposes only. It is not legal advice. Consult a licensed Delaware attorney about your specific situation. Detailed Answer: What a partition action is and when to use it A […]
Read article →Delaware: Negotiating a Buyout with a Co-Owner Instead of Filing for Partition
Can you negotiate a buyout of your co-owner’s share instead of filing for partition in Delaware? Short answer Yes. In Delaware you can generally negotiate a buyout with a co-owner to avoid a partition lawsuit. Voluntary buyouts are common, often faster and less expensive than court action. However, if you cannot reach agreement, either co-owner […]
Read article →Forcing the Sale of Inherited Co-Owned Land in Delaware
What to do if you co-own inherited real estate with other heirs and want to compel a sale Quick overview If you inherit real property with other heirs and you cannot agree on what to do with the land, Delaware law provides a court process called a partition action that can result in either dividing […]
Read article →Delaware: Who Pays for a Property Survey When Co-Owners Disagree?
Disclaimer: This is educational information, not legal advice. For guidance about your specific situation, consult a Delaware attorney. Detailed Answer When multiple people own the same parcel of real estate in Delaware and they disagree about whether to get a property survey (or who should pay for it), there is no single statutory rule that […]
Read article →Delaware: How Heirs Can Keep an Inherited House Instead of Selling It
Detailed Answer Quick summary: Yes—there are several ways for heirs to keep an inherited house without immediately selling it. Typical options include buying out the other heirs, entering a co‑ownership agreement (including renting the property and sharing income), refinancing or assuming a mortgage, or asking the court to allow a partition in kind instead of […]
Read article →Delaware: Partition Actions When a Co‑Owner Is Adjudicated Incompetent and Has a Court‑Appointed Guardian
Detailed answer — How a Delaware partition proceeds when one co‑owner is adjudicated incompetent and has a court‑appointed guardian When co‑owners own real property together and one co‑owner has been adjudicated incompetent with a court‑appointed guardian in Delaware, the basic claim (a partition action) follows the same core steps as any partition case, but with […]
Read article →Starting a Partition Action in Delaware: How to Divide or Sell Shared Real Estate
Detailed Answer — How to start a partition action in Delaware When co-owners of real estate cannot agree on what to do with a property, one co-owner can ask a court to force a division or sale through a partition action. This article explains the practical steps, likely court process, and important considerations under Delaware […]
Read article →How to Buy Out Siblings’ Interests in a Co-Owned Home — Delaware
Disclaimer: I am not a lawyer. This article provides general information about Delaware law and steps people commonly take when buying out co-owners of real property. It is not legal advice. For help tailored to your situation, consult a licensed Delaware attorney. Detailed Answer If you want to keep a home that you currently co-own […]
Read article →Delaware: Forcing a Sale When Some Family Members Refuse to Sell Property
When Some Family Members Want to Sell and Others Refuse: How Delaware Law Handles Forced Sales of Real Property Short answer Under Delaware law, co-owners of real property who cannot agree on whether to sell can ask a court to resolve the dispute. A court can order a partition of the property — either a […]
Read article →Delaware: Rights When a Co-Owner Holds and Occupies a Life Tenancy
Detailed Answer Quick explanation: Under Delaware law, a person holding a life estate (a life tenant) generally has the right to possess and use the property during that person’s lifetime. Other co-owners who hold future interests (remaindermen) or concurrent ownership interests cannot normally oust the life tenant while the life estate lasts. However, the life […]
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