Detailed Answer — What to gather before you hire a lawyer

Short answer: Gather documents that prove ownership, show how the property is used and encumbered, identify every co-owner, and document communications and payments between owners. Your lawyer will use these to evaluate whether a partition by sale or partition in kind is appropriate, to perform a title search, and to draft the complaint.

Why these items matter under Delaware law

Partition is a legal process to divide or sell real property owned by two or more people. Under Delaware practice, the exact procedural path (which court, required pleadings, equitable remedies) depends on the facts and the relief requested. Your lawyer will determine whether to seek partition in kind (physical division), partition by sale, or another equitable remedy and will decide the correct court to file in (for example, Superior Court or the Court of Chancery). See the Delaware Courts sites for general jurisdiction and procedures: Delaware Superior Court and Delaware Court of Chancery. For statutory text and other state statutes, the Delaware Code is available at delcode.delaware.gov.

Core documents and information to provide

Deed(s) and chain of title. All recorded deeds showing how each co-owner got an interest in the property. Include any quitclaim deeds, warranty deeds, or conveyances.
Title insurance policy and commitment. If you have title insurance, give the policy and any recent title commitment or abstract.
Legal description and survey. The property’s legal description and any boundary or ALTA surveys. If no recent survey exists, note that your attorney may recommend obtaining one.
Mortgage and lien documents. Copies of mortgages, deeds of trust, judgments, tax liens, or mechanics’ liens affecting the property.
Property tax records. Recent tax bills and proof of who paid them.
Leases and rent records. Any written leases (residential or commercial), oral-lease summaries, rent rolls, security deposit ledgers, and records of rent collected and disbursed.
HOA or condominium documents. Covenants, conditions and restrictions (CC&Rs), bylaws, meeting minutes, rule violations, and account statements for dues or assessments.
Insurance policies and claims. Property insurance declarations and any claim correspondence.
Wills, trusts, or probate records. If any owner inherited their share, supply wills, trust documents, or letters of administration.
Corporate, partnership or LLC records. If an entity owns the property, provide formation documents, operating agreement, partnership agreement, membership lists, and any resolutions authorizing sale or litigation.
Evidence of improvements and expenses. Receipts, contracts, permits, cancelled checks, or invoices for improvements, repairs, or utilities paid by any owner.
Communications between owners. Emails, texts, letters, certified letters, or notes of conversations about partition, sale, repairs, shared expenses, or occupancy.
Possession facts and occupancy history. Who lives in or uses the property, when occupancy began, and any rental arrangements or license agreements.
Professional valuations and appraisals. Any recent appraisals, broker opinions of value, or comparable-sales data.
Photos, maps, and site plans. Photos showing boundaries, improvements, encroachments, or condition issues.
Litigation or dispute history. Copies of any prior lawsuits or settlements involving the property or co-owners.

Information your lawyer will specifically need

Full legal names, current mailing addresses, phone numbers, and email addresses for every co-owner and any mortgagees or lienholders.
How each owner acquired their interest (date and method: deed, inheritance, purchase from X).
Percentage interests, if known (e.g., tenants in common with unequal shares).
Whether any owner is deceased, incapacitated, or represented by an estate or trust — and contact info for executors or trustees.
Any written agreements between co-owners about rights to occupy, sell, or share costs.
Whether anyone objects to a sale or wants to buy out other owners.

Typical steps after you provide these materials

Your attorney conducts a title search and reviews encumbrances.
They evaluate whether the property can be divided practically (partition in kind) or if a sale is necessary (partition by sale).
The attorney may send a demand letter to co-owners proposing buyout, sale, or mediation.
If negotiations fail, the lawyer drafts and files a complaint for partition in the appropriate Delaware court and serves all necessary parties.
The court can order appointment of a commissioner or master to value or sell the property, or it can order physical division when feasible.

Costs, timing, and what to expect

Costs depend on complexity: attorney fees, filing fees, service costs, appraisal fees, survey costs, and possible costs for a court-appointed commissioner. Simple, uncontested partitions can resolve in a few months; contested matters can take a year or more. Your attorney will estimate costs and timelines after initial review of your documents.

Where to look in Delaware law and courts

Delaware does not restrict partition practice to a single statutory label; procedure and remedies depend on facts and the relief sought. Your lawyer will pick the correct venue. For general court information and rules, see:

Disclaimer

This article explains general principles and gives practical preparation steps. It does not provide legal advice and is not a substitute for an attorney’s analysis. For advice tailored to your situation, contact a licensed Delaware attorney.

Helpful Hints

Organize documents chronologically and make a single PDF or a labeled folder for each document type to speed review.
Provide full contact details for all parties up front to avoid delays in service.
If you lack a recent survey, mention it — surveys often help resolve boundary and division issues.
Collect receipts proving payment of taxes, insurance, and mortgage contributions; these affect accounting among co-owners.
Be candid about any prior disputes or threats of litigation; hiding facts can hurt strategy.
Ask your lawyer early about alternatives: voluntary buyout, mediation, or sale by agreement can save time and cost.
Expect your lawyer to recommend an appraisal; market value drives buyout offers and sale strategy.
If a co-owner is in a trust or an entity, provide formation and trust documents — counsel will need them to name proper parties in the complaint.