Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 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, the commissioners shall make a return, with an allotment, accordingly, and shall also appraise the value of all of the lands in money. At any time after such a return of the commissioners and before final decree, any joint tenants, tenants in common or parceners representing an entire primary interest so allotted may apply to the Court to have the share or part of the lands, found by the return to belong to the primary interest, allotted to the persons entitled to the primary interest in kind, to hold to them in severalty or as tenants in common or as joint tenants or parceners as the case may be. In such case the Court may make an allotment of the primary interest concerned in the application, order a sale of the residue of the lands, and make distribution of the proceeds thereof, in accordance with this chapter.
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In this title (40 sections)
- 25-317A · Required disclosure of financial obligations in chain of…
- 25-318 · Restrictive covenants
- 25-319 · Private transfer fee prohibition
- 25-501 · Powers of appointment; effect of rule against perpetuities
- 25-502 · Release of powers of appointment [For application of this…
- 25-503 · Rule against perpetuities
- 25-504 · Certain powers of appointment
- 25-505 · Exercise of powers of appointment
- 25-506 · Rule against accumulations
- 25-701 · Creation of estate in joint tenancy; exception
- 25-702 · Actions for use and occupation between cotenants
- 25-721 · Petition for partition; persons entitled to apply
- 25-722 · Service of summons
- 25-723 · Unknown or uncertain parties in interest; description in…
- 25-724 · Decree of partition; appointment and duties of commissioners
- 25-725 · Appointment of a new commission
- 25-726 · Final decree of partition
- 25-727 · Proportionment of shares among issue claiming by stocks
- 25-728 · Procedure upon petition by all interested parties
- 25-729 · Appointment of trustee for public sale of premises; conveyance…
- 25-730 · Allotment of primary interests
- 25-731 · Deed upon death of purchaser
- 25-732 · Title upon sale; transfer of liens to proceeds
- 25-733 · Investment or division of sale proceeds
- 25-734 · Sales upon credit; purchase money security; preference of…
- 25-735 · Costs
- 25-736 · Dower, curtesy or other estate in undivided shares of parties…
- 25-737 · Procedure where dower, curtesy or life estate exists
- 25-738 · Advancements; treatment upon partition
- 25-739 · Assignment of dower without embracing residue
- 25-740 · Election to take dower from proceeds of sale; investment or…
- 25-741 · Appointment of trustee for joint owner’s widow with a mental…
- 25-742 · Appraisement of value of widow’s dower; payment of widow’s…
- 25-743 · Investment or deposit of share of persons holding curtesy…
- 25-744 · Curtesy; barred by wrongful conduct of husband
- 25-745 · Real estate in more than 1 county; appointment of freeholders;…
- 25-746 · Partition of several tracts held by same joint owners; power…
- 25-747 · Partition of several tracts where some parties hold interest…
- 25-748 · Power of commissioners to make return of partition of part of…
- 25-749 · Certified copy of record as evidence