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 spouse’s consent. For more details, see Del. Code tit. 25 § 232.
If your deed names you and your spouse as tenants in common, you may pursue a partition action on your own. Delaware permits co-owners to divide or sell jointly owned property in a civil action. The court can order a physical division of land or a sale followed by distribution of proceeds among owners. See Del. Code tit. 25, Ch. 43.
Separately, Delaware addresses property distribution in divorce via equitable division. During divorce, the family court reviews contributions, property value, and debts to divide assets fairly. For statutory guidelines, see Del. Code tit. 13 § 1513.
Attempting partition before a final divorce judgment may complicate divorce proceedings. It can increase costs and strain negotiations. Often, resolving property rights within the divorce case yields a more efficient outcome.
Helpful Hints
- Review your deed to confirm how you and your spouse hold title.
- Ask a qualified attorney whether the property is tenancy by the entireties or tenancy in common.
- Consider mediation before filing for partition to reduce legal fees.
- Gather deeds, mortgage statements, and appraisal documents early.
- Understand that partition may trigger tax consequences or mortgage obligations.
- Discuss whether resolving property issues in divorce court offers a simpler path.
- Keep communication open with your spouse to facilitate an agreeable solution.