Partition Actions in Delaware | DE Legal Resources | FastCounsel

What legal options exist if co-owners cannot agree on sale logistics or cost sharing in DE?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When co-owners of real estate in Delaware cannot agree on sale logistics or cost sharing, they still have legal pathways to resolve disputes. Delaware law generally treats co-owners as tenants in common. Each owns an undivided interest and bears […]

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Can I Partition Property with My Spouse After Separation but Before Divorce in Delaware?

Disclaimer: This article provides general information under Delaware law. It does not offer legal advice. Detailed Answer In Delaware, spouses commonly hold real estate as tenants by the entireties unless the deed states otherwise (Del. Code tit. 25, § 232). Under a tenancy by the entireties, one spouse cannot partition the property without the other […]

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What steps are required to schedule a hearing in a partition action after service and response period has ended? Delaware

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 […]

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What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in DE?

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 […]

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What legal process allows a co-owner to force the sale of jointly inherited property in Delaware?

Detailed Answer When multiple people inherit property in Delaware and cannot agree on its future, a co-owner can force a sale through a partition action. Delaware’s partition statutes, found in 25 Del. C. § 601 et seq., allow any co-tenant to ask the Superior Court to divide or sell the property. What is a partition […]

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