Delaware: Forcing a Sale When Some Family Members Refuse to Sell 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 physical division (partition in kind) or a sale of the property with proceeds divided among owners (partition by sale) — when joint ownership prevents an agreed outcome.

How partition works (basic concepts)

Start with ownership type. If family members own property together as tenants in common (the most common form when co-owners did not take title as joint tenants), each owner has an undivided share that they can generally sell, transfer, or ask a court to partition. When owners cannot reach agreement, one or more co-owners may file a partition action asking the court to:

• Divide the parcel physically among owners (partition in kind), if feasible; or
• Order a sale of the property and allocate net proceeds among the co-owners according to their ownership interests (partition by sale), if physical division is impractical or unfair.

Delaware courts handle disputes about real property and partition. For general information about Delaware courts and civil filing, see the Delaware Courts website: https://courts.delaware.gov. For state statutes and related property law, see the Delaware Code: https://delcode.delaware.gov/title25/.

What the court considers when deciding to order a sale

If a co-owner files for partition, the court will consider whether the property can be fairly divided and whether division would prejudice any party. Typical factors include:

• Whether the property can be physically divided without substantially diminishing value;
• Whether division would be practical for the owners (location, size, zoning, improvements);
• Contributions by owners to purchase price, mortgage payments, taxes, and repairs;
• Improvements, waste, or unequal use of the property;
• Practical considerations such as family relationships and the purpose for which the property is used.

When a physical partition would be impractical or would result in unfairness, the court commonly orders the property sold and the net sale proceeds divided according to each owner’s share.

Typical steps in a Delaware partition action

1. File a civil action seeking partition and join all record owners and claimants.
2. Court determines ownership shares, hears evidence about contribution and improvements, and evaluates feasibility of division.
3. If partition in kind is feasible, the court may divide the land; if not, the court may order a judicial sale (often by sheriff or court-appointed commissioner) and divide the proceeds.
4. The court may award costs, attorney fees, or credits for improvements or payments made by one co-owner on behalf of others.

Practical example (hypothetical)

Four adult siblings inherit a single-family parcel as tenants in common, each with a 25% interest. Two siblings want to sell and split the proceeds; the other two want to keep the house. The siblings who want to sell can file a partition action asking the court to divide the property. If the house cannot be physically split into four workable parcels, the court would likely order a sale and divide the net proceeds 25% each, after adjusting for any unequal contributions to mortgage payments or repairs.

Alternatives to court-ordered sale

• Negotiate a buyout: co-owners who wish to keep the property may buy out the shares of those who want to sell.
• Sell to a third party by agreement: all co-owners can agree to list and sell, sharing proceeds.
• Enter a co-ownership or family partnership agreement that sets rules for sale, buyouts, and dispute resolution for the future.
• Mediation: a neutral mediator may help achieve a negotiated settlement and avoid litigation costs.

Costs, time, and likely outcomes

Partition litigation can be time-consuming and expensive. Courts may allocate costs and attorney fees, but litigation expenses and the forced sale process can reduce the owners’ net proceeds. In many cases, a negotiated buyout or mediated settlement results in a faster, cheaper, and more predictable outcome.

How to prepare if you are considering forcing a sale

• Gather title documents and deeds to confirm ownership type and shares.
• Collect proof of payments: mortgage, taxes, insurance, utilities, and receipts for major repairs or improvements.
• Identify all persons with a potential claim to the property (heirs, trust beneficiaries, lienholders).
• Get a current market appraisal to understand likely sale proceeds.
• Speak early with an attorney experienced in Delaware real property and partition law to evaluate your chances and costs.

Helpful hints

• Don’t assume a majority can force an immediate sale without court involvement — judicial process is normally required.
• Try mediation or buyout offers before filing suit; courts favor practical, equitable solutions when possible.
• Document financial contributions clearly; courts consider payments and improvements when dividing proceeds.
• If you inherit property, check whether the will or trust imposes restrictions on transfer or contains buy-sell terms.
• Consult a Delaware real estate attorney early. An attorney can explain which Delaware court and procedures apply and can draft or review settlement offers and partition pleadings.