Delaware: What ‘Dismissed With Prejudice' Means in a Partition Case
What It Means When a Judge Dismisses Your Partition Case With Prejudice (Delaware) This FAQ explains, in plain language, what a dismissal "with prejudice" means for a partition action in Delaware, what causes it, what its legal effects are, and practical next steps you can take. This is educational information only and not legal advice. […]
Read article →How to Force Sale or Division of Co-Owned Property After Divorce in Delaware
Disclaimer: I am not a lawyer. This is general information about Delaware law, not legal advice. For advice about your situation, consult a licensed Delaware attorney. Detailed Answer If you still co-own real property with an ex after a divorce in Delaware and the divorce decree or settlement did not clearly transfer or sell the […]
Read article →How to File a Partition Action to Force Sale of a Late Parent’s House — Delaware
FAQ — Partition Actions to Force Sale of Jointly Owned Real Estate in Delaware Quick summary: If you and others hold title to real property that once belonged to your late father and you cannot agree on what to do, one owner can ask a Delaware court to divide the property or order a sale […]
Read article →Forcing a Sale of Shared Property in Delaware: Partition Actions and What to Expect
Can a co-owner force the sale of shared property in Delaware when other owners refuse to buy them out? Short answer: Yes. Under Delaware law a co-owner can file a partition action asking the court to divide the property or order a sale. If the court orders sale, the property is sold and the net […]
Read article →Selling Property in a Delaware Partition Action — Process, Steps, and Checklist
Detailed Answer Short answer: When co‑owners cannot agree, a co‑owner can ask a Delaware court to force a partition. If the court decides the land cannot be fairly divided “in kind,” it will order a sale and direct how the property is sold, how sale costs and liens are paid, and how net proceeds are […]
Read article →How to Make a Buyout Offer to Co-Owners in a Delaware Partition Case
FAQ: Steps to buy out co-owners in a partition action under Delaware law This FAQ explains how a co-owner can offer to purchase the other owners’ interests after someone files a partition action in Delaware. It explains the practical steps, what courts typically require, and how to protect yourself. This is educational only and not […]
Read article →Recovering Property Taxes and Mortgage Payments in a Delaware Partition Action
Short answer Yes—under Delaware law you can often recover property taxes and mortgage payments you made on a jointly inherited home when you bring a partition action. The court can require an accounting and can credit or reimburse a co‑owner who paid more than their share for necessary expenses that preserved or maintained the property. […]
Read article →Delaware: What to Do if an Heir Lives in Inherited Property and Refuses to Move
When a Co‑Owner Keeps Living in an Inherited Delaware Property: Legal Options and Next Steps Note: This is general information about Delaware law only. It is not legal advice. Consult a Delaware-licensed attorney for advice about your situation. Short answer If you inherit real property in Delaware together with one or more heirs and one […]
Read article →Risks of Granting a Life Estate in Delaware: What Co-Owners Should Know
Detailed answer — how granting a life estate changes ownership and the main risks under Delaware law When one co-owner conveys a life estate to the other owner, the grantee (life tenant) receives the right to use and occupy the property for the rest of that person’s life. The original owner (or another designated person) […]
Read article →Refinancing and Buying Out a Co‑Owner in Delaware — Step‑by‑Step Guide
How to Refinance and Buy Out a Co‑Owner in Delaware Quick answer: To refinance and buy out a co‑owner in Delaware you typically (1) confirm ownership and mortgage status, (2) agree or determine a buyout price, (3) arrange a refinance in the buying owner's name that funds the buyout, (4) have the selling owner sign […]
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