Title 25, Property

§ 723. Unknown or uncertain parties in interest; description in petition; service by publication. If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partit…

§ 724. Decree of partition; appointment and duties of commissioners. Upon the return of the summons, if the parties summoned do not appear, or appearing fail to show sufficient cause against making partition of the premises, the Court of Chancery shall enter upon the record of th…

§ 725. Appointment of a new commission. If from any cause a commission is returned without partition, subdivision or appraisement of the premises, or 1 or more of the freeholders dies, becomes or is declared incompetent to serve as a commissioner, before the return, or for any ca…

§ 726. Final decree of partition. If, upon the return of the commissioners, it appears that partition of the premises has been made, as directed, and the partition is approved by the Court of Chancery, a final decree shall be entered that the partition shall remain firm and stabl…

§ 727. Proportionment of shares among issue claiming by stocks. Whenever the issue of any child or other kindred of an intestate claim according to stocks by right of representation, the representatives, however numerous, of 1 stock, shall have, among them, 1 share proportioned t…

§ 728. Procedure upon petition by all interested parties. Upon the petition of all the persons of lawful age entitled to or holding lands and tenements as joint tenants, tenants in common or parceners, together with the guardians of such as are not of lawful age, the Court of Cha…

§ 729. Appointment of trustee for public sale of premises; conveyance by trustee. If from the return of the commissioners it appears that no partition of the premises has been made, and the return is approved by the Court, or if it is shown otherwise to the Court that partition o…

§ 730. Allotment of primary interests. If it appears to the commissioners that partition of the lands mentioned in the petition for partition can be made among the primary interests and that a partition of the lands among all persons entitled would be detrimental to such persons,…

§ 731. Deed upon death of purchaser. If the purchaser of any lands and premises sold under the provisions of this chapter dies before the return and confirmation of the sale and deed made accordingly, the Court of Chancery, under its general equity powers in this behalf, may, upo…

§ 732. Title upon sale; transfer of liens to proceeds. A purchase of the premises pursuant to the foregoing provisions of this subchapter shall pass to the purchaser of the premises all the estate and interest of the joint tenants, tenants in common or parceners or persons whethe…

§ 733. Investment or division of sale proceeds. The proceeds of the sale, after deducting the costs of the proceedings, shall be invested by the Court in whole or in part for the benefit of the various parties and interests as their rights appear, or divided among the parties ent…

§ 734. Sales upon credit; purchase money security; preference of mortgage. The Court may, in its discretion, direct that sales made under this subchapter, be made upon credit, either as to the whole or a part of the purchase money, the payment of the purchase money to be at such …

§ 735. Costs. The costs of a proceeding for partition shall be taxed and allowed by the Court and paid from the proceeds of sale or by the parties according to their respective interests in the premises, in the manner as the Court orders.Code 1852, § 1738; Code 1915, § 3285; Code…

§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings. A sale of any lands, tenements and hereditaments, pursuant to the provisions of § 729 of this title, shall pass to the purchaser thereof a title, free and discharged from all claims by …

§ 737. Procedure where dower, curtesy or life estate exists. If there is a tenant by the curtesy or other life estate, other than in any undivided share of any of the parties entitled, partition of the real estate shall not be made until the determination of the curtesy or life e…

§ 738. Advancements; treatment upon partition. (a) If any child of an intestate or any issue of such child has received any lands, tenements or hereditaments as an advancement out of the intestate’s estate, or by settlement of or by way of gift from the intestate in the intestate…

§ 739. Assignment of dower without embracing residue. Upon the petition of a widow entitled to dower, or of any other person entitled to her part, or of any other person interested, an order may be made assigning such part without embracing the residue. The assignment shall be ma…

§ 740. Election to take dower from proceeds of sale; investment or deposit of widow’s share. If there is a widow entitled to dower, and the return of the commissioners shows that there has been no partition of the residue after the assignment of her dower, she may, by petition, e…

§ 741. Appointment of trustee for joint owner’s widow with a mental disability. If a parcener, tenant in common or joint tenant, or assignee of the interest, in real estate, dies leaving a widow with a mental disability, or a widow becomes mentally disabled before the assignment …

§ 742. Appraisement of value of widow’s dower; payment of widow’s share and distribution of residue. The Court of Chancery in which a partition proceeding may be pending, at any time prior to the decree of distribution, upon the petition of a widow entitled to dower in the whole …

§ 743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition. A tenant by the curtesy or other life tenant of any real estate sold under the provisions of this chapter shall for the term of that tenant’s life be …

§ 744. Curtesy; barred by wrongful conduct of husband. If a husband leaves his wife to go with an adulteress or willingly lives in adultery in a state of separation from his wife, not occasioned by her fault, in either case, unless his wife is reconciled to him and suffers him to…

§ 745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county. (a) Where the real estate which is the subject of partition under this chapter lies in more than 1 of the counties of this State, the freeholders to make the partition may…

§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court. The Court of Chancery may make a decree for partition in 1 proceeding under this chapter of several tracts or parcels of land and premises held by the same persons as joint tenants, te…

§ 747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part. In a partition of several tracts or parcels of land held by the same persons, though by different titles or in different shares, as provided by § 746 of this title,…

§ 748. Power of commissioners to make return of partition of part of lands; procedure. The commissioners appointed under § 724 of this title may, in any case, return a partition of a part of the lands and premises embraced in the proceedings for partition and return the residue w…

§ 749. Certified copy of record as evidence. A copy of any proceedings for partition had pursuant to this chapter, certified under the hand of the Register in Chancery of the county and the seal of the Court, shall be competent evidence of the proceedings therein stated in any co…

§ 750. Limitation of appeals. No appeal shall lie from any order or decree of the Court of Chancery touching any of these premises, unless taken within 3 months from the date of the order or decree.Code 1915, § 3300; Code 1935, § 3764; 25 Del. C. 1953, § 750;

§ 751. Powers of Court of Chancery. For the purpose of effectuating the provisions of this chapter, the Court of Chancery shall have, in addition to the jurisdiction and powers already conferred upon it, general equity powers concerning the subject matter of this chapter and auth…