Delaware: Can a Life Tenant Keep Living in the House During a Partition?
Short Answer Generally, under Delaware property principles a person who holds a life estate (a life tenant) normally keeps the right to possess and live in the property for the duration of the life estate, even if a co-owner files a partition action. However, a partition action can change how the property is held or […]
Read article →Filing a Partition Action in Delaware When Co-Owners Won't Respond
Filing a Partition Action in Delaware When Co-Owners Won't Respond Disclaimer: I am not a lawyer. This explanation is educational only and is not legal advice. For advice about your specific situation, consult a licensed Delaware attorney. Detailed Answer — How a Delaware partition action works and what to do when owners don’t respond If […]
Read article →Delaware: Court-Appointed Commissioner and Private Sale of a Co-Owner's Share — FAQ
Detailed Answer When co-owners cannot agree, a court may order the sale of the property or a co-owner's share and appoint a neutral commissioner (sometimes called a referee or master) to handle a private sale. Below is a clear, step-by-step explanation of how that process typically works under Delaware law and what you should expect. […]
Read article →Forcing the Sale of an Inherited Parcel in Delaware: Steps, Options, and What to Expect
Detailed Answer — What to do if a co‑owner refuses to list an inherited parcel in Delaware Short answer: Start by confirming ownership, attempt negotiation and a buyout or mediation, and if those fail, file a partition action in the appropriate Delaware court asking for a sale and division of proceeds. Partition actions are the […]
Read article →Delaware: Paperwork Needed to Prove House Expenses in a Partition Case
Proving House Expenses in a Delaware Partition Case: Documents, Evidence, and Preparation Quick answer: In a Delaware partition action you should produce original receipts, invoices, canceled checks, bank and credit‑card statements showing payments, contractor contracts and change orders, written estimates, insurance and tax records, and contemporaneous photographs and logs. Organize those records, authenticate them under […]
Read article →Delaware: Recovering Mortgage, Property Tax, and Carrying Costs From Sale Proceeds
Detailed Answer Short answer: Possibly — but it depends on (1) who holds the mortgage and title, (2) whether you and the co-owner(s) agreed in writing, (3) whether the payments reduced principal or only covered interest/insurance/taxes, and (4) whether you ask for reimbursement before dividing proceeds or raise the issue in court (partition or divorce). […]
Read article →How to File a Partition Action to Force a Sale of Co‑Owned House — Delaware
Detailed Answer Disclaimer: I am not a lawyer. This article is educational and is not legal advice. For advice about your specific situation, consult a licensed Delaware attorney. Hypothetical facts used in this explanation: You and your sister each own a one‑half interest in a house as tenants in common. Your sister refuses to sign […]
Read article →Delaware — Can a Co-Owner Be Required to Provide Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds?
Detailed Answer — What co-owners can require before dividing sale proceeds (Delaware) Short answer: Yes — you can and should demand mortgage payoffs, lien information, and receipts for repairs before splitting sale proceeds. If a co-owner refuses, Delaware courts can compel an accounting, order a sale, and allocate the proceeds after crediting valid mortgage payoffs, […]
Read article →How to Force Sale of Jointly Owned Property in Delaware
Detailed Answer: Forcing the sale of jointly owned Delaware real estate when co-owners disagree Short answer: Under Delaware law, a co-owner (tenant in common or joint owner) who cannot agree with co-owners can ask a court to partition the property. If physical division (partition in kind) is impractical, the court can order a sale and […]
Read article →How to File a Partition Action in Delaware to Divide Inherited Property When a Co-Owner Won’t Cooperate
Filing a Partition Action in Delaware to Divide Inherited Property: A Practical FAQ Detailed Answer This section explains, in plain language, the typical steps to pursue a partition of real property in Delaware when a co-owner (including an heir) will not cooperate. This is an overview only and not legal advice. Laws and procedures vary […]
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