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 action?
A partition action is a lawsuit that splits shared property among co-owners. The court first evaluates whether it can physically divide the land (partition in kind). If division would reduce value or prove impractical, the court orders a public sale (partition by sale) and divides the proceeds among owners based on their ownership shares.
How to file a partition action
To start, a co-owner files a complaint in the Delaware Superior Court where the property lies. The complaint must name all co-owners and describe the property and their interests. The filing party pays a fee and serves each co-tenant with the complaint.
Court process and outcomes
The court schedules hearings and may appoint commissioners to assess the property’s boundaries and value. If commissioners recommend a sale, the court issues an order for public auction. After the sale, the court deducts costs and divides net proceeds per ownership interests.
Example scenario
Four siblings inherit a farmhouse in Sussex County. Three want to keep it; one wants cash. The dissenting sibling files a partition action under 25 Del. C. § 601 et seq.. The Superior Court appoints commissioners, holds a sale, pays costs and mortgages, then distributes the proceeds equally.
Helpful Hints
- Discuss goals with co-owners before filing suit to explore buyouts or agreements.
- Obtain a current professional appraisal to determine fair market value.
- Consider mediation to reduce time and legal costs.
- Gather all title documents, wills or deeds showing each owner’s share.
- Understand that court costs and commissioner fees deduct from sale proceeds.
- Consult a Delaware real estate attorney to guide you through local rules and deadlines.