Detailed Answer
Under Delaware law, a co-owner of real property can compel its sale through a partition action. These actions are governed by Del. Code Ann. tit. 25, Ch. 13 (Partition).
Here is how the process works:
- File a Complaint for Partition. A co-owner (the “plaintiff”) files a complaint in the Superior Court or Court of Chancery naming all other owners (the “defendants”). The pleading must describe the property, its legal description, and each party’s interest.
- Request Partition by Sale. Delaware law favors partition in kind (dividing the land into separate parcels) under Section 1302. If the court finds division impracticable or unfair, it will order a sale under Section 1303.
- Appointment of a Commissioner. Upon ordering sale, the court appoints a commissioner or master to advertise and sell the property at public auction or by private contract, per court direction.
- Sale and Distribution of Proceeds. After sale, the commissioner files a report. The court reviews objections, confirms the sale, and directs distribution. Net proceeds are divided among co-owners based on their ownership shares.
- Final Decree. The court enters a final decree of partition, concluding the case and extinguishing co-ownership.
Throughout the process, parties may negotiate a settlement, agree on a private sale, or buy out other interests to avoid court-ordered sale.
Helpful Hints
- Gather deed records, title insurance policies, and ownership agreements before filing.
- Consider mediation to reach an agreement and avoid litigation costs.
- Hire a real estate appraiser to establish fair market value before sale.
- Verify proper service of process on all co-owners to prevent delays.
- Consult a Delaware-licensed attorney to navigate procedural rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.