Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 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 estate, unless upon the joint petition of the tenant by the curtesy or other life estate and 1 or more of the other parties entitled, in which case partition may be made among the parties entitled, subject to the rights of the tenant by the curtesy or other life estate. If there is a widow entitled to dower in the real estate, other than in any undivided share of any of the parties entitled, partition of her part as the widow shall be postponed until the determination of her estate. After assigning the widow’s dower, partition of the residue may be made, or other proceedings had concerning it, in the same manner and to the same effect as if such residue were all the real estate, and after the determination of the widow’s estate, partition of the part assigned to her in dower may be made, or other proceedings had concerning it.
Amendment history
70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 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
- 25-750 · Limitation of appeals
- 25-751 · Powers of Court of Chancery
- 25-901 · Liability in actions for waste
- 25-902 · Liability of an assignee and tenant in possession
- 25-903 · Liability of husband or assignee of tenant
- 25-904 · Liability of cotenants
- 25-905 · Actions by heirs