Who should be listed as petitioners on a partition lawsuit in Delaware (DE)?
Summary: This FAQ explains who should be listed as petitioners on a partition lawsuit in Delaware. It covers who can and should sign as petitioners, how to name parties correctly, special situations (trusts, minors, corporations, lienholders), and practical steps to prepare before filing. This is informational only and not legal advice. Detailed Answer What a […]
Read article →Can heirs of a deceased sibling be included in the partition action, and how do I add them? (DE)
FAQ: Can heirs of a deceased sibling be included in a partition action, and how do I add them? Detailed Answer — How Delaware law treats heirs in a partition action Short answer: Yes. If a co-owner of real property died and left heirs who now own (or may own) an interest in the property, […]
Read article →How can I negotiate a fair buyout of my interest in family land in DE when my co-owner offers much less than the appraisal?
Detailed Answer Short answer: Start by confirming value and ownership share, document why the appraised value is fair, present a reasoned counteroffer (with options for payment and protections), and use negotiation tools—independent appraisal, mediation, or structured buyout terms—before resorting to court (partition). In Delaware, a partition action is a backstop but it carries costs and […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (DE)
What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? Short answer: If mediation fails, you can ask a Delaware court to partition the property. The court can order a physical division (partition in kind) if practical or a forced sale (partition by […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? — Delaware (DE)
How co-owners start a partition action to divide or sell shared real property in Delaware Short answer: Co-owners who cannot agree on what to do with jointly owned real estate can ask a Delaware court to force a partition — either a division of the land (partition in kind) or a sale with proceeds divided […]
Read article →How is property divided in a partition when some acres are better than others? — DE
Detailed Answer — How courts handle unequal-quality acres in a Delaware partition This section explains how a Delaware court typically divides real property when different parts of the land are worth different amounts. It describes the common outcomes, the factors a court considers, and an illustrative hypothetical showing how money adjustments (equalization) work. Partition options: […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (DE)
Detailed Answer When two or more people co-own real property and one owner wants money instead of part (or all) of the physical property, Delaware law offers several routes to convert the ownership interest into a monetary award. The two main paths are: (1) negotiate a voluntary buyout with the co-owner(s) or (2) pursue a […]
Read article →Can I Negotiate with My Siblings to Avoid a Partition Action in Delaware on Inherited Property?
This article explains how you can negotiate with siblings to avoid a partition action under Delaware law. It is for informational purposes only and does not constitute legal advice. Detailed Answer When you and your siblings inherit real estate in Delaware, each of you holds an undivided interest in the entire property. Absent an agreement, […]
Read article →How Can a Co-Owner Seek Reimbursement for Improvements Made to Estate Real Property in Delaware?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for advice specific to your situation. Detailed Answer Under Delaware law, co-owners of estate real property can seek reimbursement for improvements by initiating a partition action or an accounting in equity. The courts recognize that one […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in DE
Preparing a Jointly Owned Property for Sale Before a Foreclosure Hearing Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer When co-owners face a pending foreclosure on Delaware real estate, prompt preparation for a sale can protect equity […]
Read article →