What options exist if co-owners cannot agree on a buyout price in Delaware? | Delaware Partition Actions | FastCounsel
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What options exist if co-owners cannot agree on a buyout price in Delaware?

Options for Co-Owners When They Can’t Agree on a Buyout Price in Delaware

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Detailed Answer

When co-owners cannot agree on a buyout price for jointly held real estate in Delaware, they have several paths to resolution:

1. Negotiation and Mediation

Begin with open negotiation. If talks stall, engage a neutral mediator. Mediation helps preserve relationships and often costs less than litigation.

2. Independent Appraisal

Hire a certified appraiser to determine fair market value. Co-owners can then agree to a buyout based on that appraisal.

3. Buy-Sell or Shotgun Clauses

If your co-ownership or operating agreement contains a buy-sell provision (sometimes called a shotgun clause), one owner sets a price and gives the other the option to buy or sell at that price.

4. Court-Ordered Partition

If voluntary methods fail, a co-owner can file a partition action in the Delaware Court of Chancery. Under Del. Code tit. 10, § 6521, any co-owner with an undivided interest in property may seek partition. The court may order:

  • Partition in Kind: The property divides into separate parcels. Each co-owner retains a physical portion (Del. Code tit. 10, § 6524).
  • Partition by Sale: The court sells the entire property at auction or private sale. Proceeds divide according to ownership interests (Del. Code tit. 10, § 6525).

The court appoints a commissioner to manage valuation or sale logistics. Costs and timing vary based on property complexity.

5. Alternative Dispute Resolution (ADR)

Consider binding arbitration if co-owners agree. An arbitrator can set the buyout price or decide on sale terms without formal court proceedings.

Helpful Hints

  • Review your co-ownership agreement for any built-in buyout or dispute resolution clauses.
  • Obtain a professional appraisal early to establish market value benchmarks.
  • Use mediation to save on legal fees and keep negotiations constructive.
  • Understand that partition actions in the Court of Chancery can be time-consuming and incur court costs.
  • Discuss the implications of partition in kind versus sale with a real estate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.